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CVS, Express Scripts Sued Over EpiPen Pricing

June 5, 2017, 3:30 PM

Pharmacy benefit managers CVS Health Corp., Express Scripts Inc., and Prime Therapeutics LLC are in the crosshairs of a new proposed class action challenging the prices of EpiPens, a common treatment for allergic reactions (Klein v. Prime Therapeutics, LLC, D. Minn., No. 0:17-cv-01884, complaint filed 6/2/17).

The PBMs—which act as intermediaries between health insurance companies and drug makers like Mylan Inc., which makes EpiPens—didn’t effectively negotiate for lower EpiPen prices, the lawsuit alleges. Rather, they negotiated for “increasingly large rebates” from Mylan, which benefited the PBMs and their clients and drove EpiPen prices up by more than 600...

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