Preventing Pharmaceutical Price-Gouging: MSP Recovery Claims Proceed to Class Certification Against One of the Largest U.S. Pharmacy Benefit Managers in “Infamous” Case
- Judge rules in favor of plaintiff MSP Recovery Claims in antitrust case against Express Scripts over price-gouging allegations of Acthar drug. Plaintiffs allowed to proceed to class certification.
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Achtar was the Only FDA-Approved Drug of Its Kind Used to Treat Rare Illness Causing Spasms and Seizures in Infants and Toddlers For Many Years
As the court stated in its decision: “This case is infamous throughout the Western Division, and now has a third district court judge ruling on a motion dismiss ... Finding no good cause to grant such a request, the Court will not do so.”
MSP Recovery’s Complaint alleges that Express Scripts agreed to raise the price of Acthar, a drug used to treat a rare pediatric illness, to supracompetitive levels through an unlawful scheme which allowed Express Scripts exclusive distribution of Acthar in violation of the Sherman Act and the Florida Deceptive and Unfair Practices Trade Act. The Complaint alleges that Acthar was the only FDA approved ACTH in
John H. Ruiz, CEO and Founder of MSP Recovery Inc. d/b/a LifeWallet (NASDAQ: LIFW), stated: “This is price-gouging, plain and simple. No one should be forced to pay
In August of 2007, Express Scripts entities and Mallinckrodt entered into an exclusive distribution agreement for Acthar. Within weeks, the price of Acthar went from
As the Hon. Judge Johnston stated: “The court agrees that Plaintiffs have plausibly alleged an antitrust violation based on the proximity of the price increases to the beginning of the exclusive distribution agreement.” The opinion concluded, “although Defendants have no duty to prevent illegal conduct, they have an affirmative duty to not agree and participate in an anticompetitive conspiracy.”
About MSP Recovery Law Firm
MSP Recovery Law Firm’s experienced attorneys have litigated hundreds of cases relating to insurance proceeds, federal, and state statutes. As far back as 1995, the firm’s attorneys have taken on and prevailed against some of the largest companies in
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Source: MSP Recovery Law Firm LLP.
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