Seven More Lawsuits Stacked on to Generic Drug Price-Fixing MDL
by Erin Shaak
Last Updated on May 8, 2018
KPH Healthcare Services, Inc. v. Actavis Holdco U.S., Inc. et al
Filed: June 6, 2017 ◆§ 2:17-cv-02555-CMR
Seven more lawsuits have been filed this week as part of a multidistrict litigation that accuses the pharmaceutical companies of conspiring to fix generic drug prices.
Mylan, Inc. Lannett Company Impax Laboratories Heritage Pharmaceuticals Fougera Pharmaceuticals Inc. Mylan Pharmaceuticals, Inc. Sandoz, Inc. Taro Pharmaceuticals USA, Inc. Par Pharmaceutical, Inc. Teva Pharmaceuticals USA, Inc. Upsher-Smith Laboratories, Inc. Novartis AG Akorn, Inc. Hi-Tech Pharmacal Co. Wockhardt Ltd. Morton Grove Pharmaceuticals, Inc. Actavis Holdco U.S., Inc. Epic Pharma, LLC Actavis Elizabeth, LLC Pliva, Inc. UDL Laboratories, Inc. Endo International PLC Breckenridge Pharmaceuticals Apotex Corp. Dr. Reddy's Laboratories, Inc. Glenmark Pharmaceuticals Inc., USA Lupin Pharmaceuticals, Inc. Zydus Pharmaceuticals (USA) Inc. Aurobindo Pharma USA, Inc. Sun Pharmaceutical Industries, Inc.
Pennsylvania
Seven more lawsuits have been filed this week as part of a multidistrict litigation (MDL) in Pennsylvania that accuses the pharmaceutical companies of conspiring to fix the prices of generic drugs. The complaints argue that the defendants’ “anticompetitive scheme” has caused the plaintiff – a New York-based pharmacy – and proposed class members to pay an unfairly high price for drugs on which consumers depend.
The suits name seven combinations of 31 different pharmaceutical companies as defendants, claiming they artificially raised the prices of several drugs “without justification and in a departure from the usual industry practices.” The complaints name the following generic medicines and their alleged uses:
- Ursodiol (ursodeoxycholic acid) – used in the treatment of gallbladder stones
- Lidocaine/Prilocaine cream – local anesthetic that relieves skin irritation caused by conditions such as eczema, insect bites, or hemorrhoids
- Propranolol – used to treat tremors, angina, hypertension, heart rhythm disorders, and migraines
- Levothyroxine – used to treat thyroid hormone deficiency
- Pravastatin sodium – used for the treatment of low cholesterol
- Divalproex sodium – used to treat migraines and seizures
- Fluocinonide topical creams/ointments/gels – used to treat a variety of skin conditions, including psoriasis, eczema, dermatitis, allergies, and rash
According to the suits, some of the drug prices increased as much as 1540% over a period of a few months. The plaintiff argues that “[t]here is no legitimate, non-pretextual, procompetitive business justification for Defendants' conspiracy that outweighs its harmful effect.” Therefore, the suits seek to repay damages to the proposed class and establish injunctive relief to prohibit such conduct in the future.
Click on the below links to read the individual complaints:
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