Hagens Berman: Judge Denies Insulin Makers’ Motion to Dismiss Class-Action Lawsuit Regarding Skyrocketing Insulin Prices
February 15, 2019
Attorney representing individuals living with diabetes against the
pharma defendants says judge’s opinion “blows the insulin racket wide
open” to expose deals with PBMs
NEWARK, N.J.–(BUSINESS WIRE)–lt;a href=”https://twitter.com/search?q=%24LLY&src=ctag” target=”_blank”gt;$LLYlt;/agt; lt;a href=”https://twitter.com/hashtag/bloodsugar?src=hash” target=”_blank”gt;#bloodsugarlt;/agt;–Today, a federal judge’s opinion
has greenlighted a national class-action lawsuit filed against Sanofi,
Novo Nordisk and Eli Lilly for their systematic overpricing
of insulin and concealment of a behind-the-scenes arrangement
orchestrated to hike insulin prices, according to attorneys at Hagens
Berman.
Hon. Brian R. Martinotti, U.S. District Judge for the District of New
Jersey, granted in part and denied in part the drug companies’ motion to
dismiss the case. The opinion allows state law claims from plaintiffs –
people living with diabetes who Eli Lilly, Sanofi and Novo Nordisk have
forced to pay skyrocketing insulin prices – and gave attorneys
representing them ability to address concerns regarding individual state
representation. To the extent the court requires a patient from each
state, attorneys say they can and will add clients to satisfy the
court’s concerns.
Find
out more about the lawsuit and sign up.
Regarding the plaintiffs’ state claims, Judge Martinotti’s opinion read,
“This Court finds Plaintiffs have adequately alleged fraudulent, unfair,
or unconscionable conduct.” The court also held that the plaintiffs
“adequately pled an ascertainable loss.”
The lawsuit states that in recent years, Sanofi, Novo Nordisk and Eli
Lilly have raised the sticker or “benchmark” prices on their drugs by
more than 150 percent. Some plaintiffs now pay almost $900 dollars per
month just to obtain the drugs they need, according to the firm.
Hagens Berman filed the first-of-its-kind lawsuit in 2017, detailing
several accounts from patients resorting to extreme measures to survive
rising insulin prices, including starving themselves to control their
blood sugars, under-dosing their insulin, and taking expired insulin.
The complaint also detailed how class members having intentionally
allowed themselves to slip into diabetic ketoacidosis – a potentially
fatal blood syndrome caused by lack of insulin in the body – so that
they can obtain insulin samples from hospital emergency rooms.
Steve
Berman, managing partner and co-founder of Hagens Berman, was named
co-lead counsel in the case by Judge Martinotti.
“In general we are pleased with the decision because we can now bring
consumer protection claims in most states,” Berman said. “This ruling
also clears the way for us to begin obtaining discovery from the
manufacturers and PBMs so we can shine the light on exactly what has
driven insulin prices sky high.”
“This ruling blows the insulin racket wide open,” he added.
The complaint states that this once affordable drug is now out of reach
for many patients due to a behind-the-scenes quid pro quo arrangement
between drug makers and pharmacy benefit managers (PBMs): “increased
benchmark prices are the result of a scheme and enterprise among each
defendant and several bulk drug distributors. In this scheme, the
defendant drug companies set two different prices for their insulin
treatments: a publicly-reported, benchmark price and a lower, real price
that they offer to certain bulk drug distributors.”
Are you Affected? Sign up for the Case Now.
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Attorneys are currently looking for those who purchased Lantus,
Levemir, Novolog, Humalog Apidra, and/or Toujeo from the following
states: Alabama, Alaska, Connecticut, Delaware, Hawaii, New Hampshire,
North Carolina, North Dakota, Oklahoma, Rhode Island, South Carolina,
South Dakota, Virginia, West Virginia or Wyoming. Sign
up here. -
Did you purchase Humalog in Arkansas, Illinois, Kentucky, Mississippi,
New Mexico, Oregon, Tennessee or Vermont? Sign
up here. -
Did you purchase Novolog or Levemir in Colorado, Massachusetts,
Montana, Nevada, or Washington? Sign
up here. -
Did you purchase Lantus, Apidra or Toujeo in Louisiana, Maine,
Mississippi, Tennessee or Washington? Sign
up here.
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law
firm with 10 offices across the country. The firm’s tenacious drive for
plaintiffs’ rights has earned it numerous national accolades, awards and
titles of “Most Feared Plaintiff’s Firm,” and MVPs and Trailblazers of
class-action law. More about the law firm and its successes can be found
at www.hbsslaw.com.
Follow the firm for updates and news at @ClassActionLaw.
Contacts
Ashley Klann
ashleyk@hbsslaw.com
206-268-9363