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Price collusion: Insulin makers face class-action lawsuit

January 30, 2017 By Sarah Faulkner

Insulin makers face class-action lawsuit over price collusionA class-action lawsuit filed in the U.S. District Court of Massachusetts alleges that insulin makers Sanofi (NYSE:SNY), Novo Nordisk (NYSE:NVO) and Eli Lilly (NYSE:LLY) conspired to raise their list prices to get access to pharmacy benefit managers’ preferred lists, instead of competing with each other based on real market prices.

In the last 5 years, the 3 companies have raised the sticker prices on their drugs by more than 150%, according to the lawsuit. A recent study by the American Medical Association demonstrated that the price of insulin nearly tripled between 2002 and 2013.

Some of the lawsuits’ plaintiffs pay almost $900 each month for their diabetes medications, according to the firm representing the patients, Hagens Berman.

“People living with diabetes are practically imprisoned under the price hikes and sadly are resorting to extreme measures to afford the medication they need to live,” Steve Berman, managing partner of Hagens Berman, said in prepared remarks.

The lawsuit claims that some patients have resorted to intentionally starving themselves to control their blood sugar. Other members of the class-action lawsuit said they have allowed themselves to fall into diabetic ketoacidosis in an attempt to get insulin samples from hospital emergency rooms.

The suit alleges that the 3 companies have exploited the drug-pricing system, ensuring higher profits for manufacturers and other players such as pharmacy benefit managers.

“Rebates don’t raise drug prices, drug makers raise drug prices,” a spokesman for pharmacy benefits manager Express Scripts (NSDQ:ESRX), Brian Henry, reportedly said.

The suit comes as many companies are trying to escape widespread criticism regarding the industry’s price increases. Last week, Merck released figures about its U.S. pricing practices, joining Johnson & Johnson (NYSE:JNJ), which said earlier this month that it expects to issue a report detailing how much it has raised the list prices for its prescription drugs.

Allergan (NYSE:AGN) and Nordisk have pledged to keep their annual price increases to single-digit percentages. When Allergan published its “social contract” in September, CEO Brent Saunders challenged other companies to limit price increases “before we all face the impact of government regulation that stifles innovation and patient care.”

Drug pricing has been at the forefront of public discussion regarding healthcare. The industry’s pricing problems were highlighted in 2015 when Turing Pharmaceuticals raised the price of its malaria drug Daraprim from $13.50 to $750 a pill. This year, Mylan (NSDQ:MYL) has been the poster-child for industry greed for many politicians, after reports showed that the company raised the price of its EpiPen device 500% since it acquired the product in 2007.

Filed Under: Diabetes, Featured, Pharmaceuticals, Policy, Wall Street Beat Tagged With: Eli Lilly & Co., Novo Nordisk, Sanofi-Aventis

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Reader Interactions

Comments

  1. Shelli Keller says

    January 30, 2017 at 9:25 pm

    I live in Western Maryland and take Novolog Pen very costly last year I paid $1,832.00 for 1month of Insulin. That is too much money , in 2015 I paid $685.00 for 1month of Novolog Pen , I also take Levemir Pen and Victoza Pen . I would like to be included in that class action lawsuit, this is ridiculous to pay when I don’t work and my husband has to pay for it, I dread when I have to purchase in February my medicine.

  2. Carole Bovard says

    May 2, 2017 at 12:58 pm

    I also would like to participate in this suit. I take an insulin made by Eli Lily and I am paying approximately 1000.oo per month I requested help from Eli Lily and was refused because I have Part D! On a fixed income and because I Pay for dr.s I have to miss or cancel appt. I can not afford The insulin I take, I am forced to make a bottle of Humilin for 6 weeks instead of 4 as precribed.

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