Mallinckrodt, Express Scripts Score Win in Latest Acthar Ruling

Mallinckrodt ARD Inc. and Express Scripts Inc. dodged antitrust and consumer claims in Chicago federal court over a thousandfold increase in the price of the multiple sclerosis drug Acthar, two weeks after a different judge let parallel racketeering allegations move forward.

The lawsuit is part of a wave of Acthar price-gouging cases targeting Mallinckrodt unit Questcor Pharmaceuticals and various subsidies of ESI, one of the “big three” U.S. pharmaceutical wholesalers.

It was filed in the U.S. District Court for the Northern District of Illinois by MSP Recovery Claims Series LLC, which buys reimbursement claims from Medicare Advantage plans.

The ...