Kansas Court Approves Mylan Settlement in Sprawling EpiPen Case

On Monday, the District Court of Kansas issued a final judgment and order dismissing, with prejudice, the Mylan defendants and approving a settlement in In Re EpiPen Marketing, Sales Practice and Antitrust Litigation

In 2016, purchasers of EpiPen filed a class action lawsuit against the Mylan defendants and several other producers of the Epipen alleging violation of state antitrust laws and federal racketeering laws. The class members alleged that the Mylan defendants engaged in anticompetitive behavior which caused the class members to overpay for EpiPens.

The Mylan defendants include Mylan Inc., Mylan Pharmaceuticals, Inc., Mylan N.V., Mylan Specialty, LP and Viatris Inc.

After more than five years of litigation, the court approved a settlement agreement between the class members and the Mylan defendants through the final order. According to the order and numerous other filings to the court, the Mylan defendants contend that the claims of wrongdoing and liability by the class are without merit. The order states that the Mylan defendants are settling the action solely to avoid the burden and expense of further litigation.

According to the plaintiffs’ motion for preliminary approval of settlement, the Mylan defendants have agreed to pay $264 million in relief to the class and in exchange all claims against them are dropped, and they are dismissed with prejudice. 

The class members are represented by Sharp Law LLP, Robbins Geller Rudman & Dowd LLP, Keller Rohrback LLP, Burns Charest LLP and Pritzker Levine LLP. The Mylan defendants are represented by Hogan Lovells, Lathrop GPM, Nussbaum Speir Gleason, Clark Hill, PLC, DLA Piper and Ali & Lockwood LLP