The companies behind EpiPen – Mylan, the marketer of the auto-injector, and Pfizer, the manufacturer – are defendants in an ongoing lawsuit alleging the companies engaged in an illegal scheme to increase sales of the device. The 400-page complaint alleges Mylan paid pharmacy benefit managers to suppress competitors of EpiPen, used the courts and abused regulatory processes, and accuses the company of opting to sell the devices in two-packs – forcing consumers to pay more – with no medical rationale behind the action.
Now, there appears to be a new wrinkle in the suit.
Plaintiffs filed a motion last week asserting Mylan had contacted vendors under subpoena and “segregated out … documents Mylan believed to be ‘privileged.’” These vendors provided various services on behalf of EpiPen, including “marketing, promotion, contracting, pricing or business strategy services” for the company, the filing says.
The plaintiffs discovered the suppression when they contacted one of the vendors to retrieve a missing document and were told that Mylan asked that it be withheld. The plaintiffs then contacted Mylan whose attorneys asserted the vendors had the right to determine which documents to provide and which to hold back. But later, Mylan changed their rationale, insisting the company “reserves all rights” to protect confidential information, according to the plaintiffs.
The plaintiffs have requested a court order stating the Mylan waives any claim of privilege over vendor’s documents. They also want the company to “provide full details of all” documents affected and for Mylan to reimburse certain attorney fees.
