Express Scripts, Others Face ERISA Suit Over EpiPen Costs

Law360, New York (August 29, 2017, 4:09 PM EDT) -- Pharmacy benefit managers Express Scripts Inc., OptumRx Inc. and Prime Therapeutics LLC have agreed to give Mylan Pharmaceuticals Inc.’s EpiPen favorable placement on drug formularies in exchange for kickbacks, employees under Employee Retirement Income Security Act benefit plans claimed in a proposed class action filed Tuesday in Kansas federal court.

Drugmakers such as Mylan inflate the price of EpiPens and other products to be able to rebate a portion of their profit back to pharmacy benefit managers in exchange for preferential formulary placement, the proposed class of consumers who bought EpiPens while enrolled in an employer-provided welfare benefit health plan governed...

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