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EpiPen Gouging Suit Advances Against Mylan, CVS, Express Scripts

Jan. 19, 2021, 7:20 PM

Mylan NV and pharmacy benefit managers affiliated with Cigna, CVS, and UnitedHealth must face antitrust and racketeering claims over an alleged bribery and kickback scheme aimed at gouging EpiPen buyers, a federal judge in Minneapolis ruled.

Judge Eric C. Tostrud let the proposed wholesaler class action move forward in the U.S. District Court for the District of Minnesota, rejecting the argument that the lawsuit reflected an attempt “to turn the entire PBM industry into a RICO claim.”

“Plaintiffs claim that each of the alleged enterprises deviated from an ordinary commercial relationship—Mylan by paying bribes in the form of ...