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EpiPen Cost Lawsuit

Express Scripts and CVS Named in Suit over EpiPen Costs

June 7, 2017
The EpiPen can deliver a life-saving dose of epinephrine to those with severe allergic reactions to bee stings and other toxins. But, as headlines around the country declared last year, it can also deliver a major sting to the wallet. Prices of the EpiPen skyrocketed from about $30 to around $300, leading many to believe its manufacturer had artificially and unfairly manipulated its price.

Now, healthcare companies Express Scripts, CVS Health, and Prime Therapeutics have been named in a lawsuit concerning the EpiPen’s rampant price inflation. A case in Minnesota federal court alleges that these companies’ pharmacy benefits managers (PBMs) violated the Employee Retirement Income Security Act (ERISA) by putting their own commercial interests ahead of patients’ health.

Plaintiffs in the case argue that PBMs are obligated to negotiate for lower prices for ERISA health insurance plans, but that the PBMs of these companies were, instead, complicit in the EpiPen’s price inflation, for the purpose of increasing profits for their companies.

EpiPens are manufactured by Mylan, which has been named in numerous lawsuits over the precipitous price hike.

The suit alleges that the companies’ PBMs received discounts or rebates from drug companies, and that one result of that unfair practice is that patients have seen their deductibles and copayments rise by as much as 1500 percent.

If you or a loved one believe you’ve been the victim of healthcare companies’ unfair business practices, contact We’re experts in these cases, and we can help. The consultation is free.

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