Pfizer agrees to pay $ 345 million to resolve EpiPen pricing lawsuit

July 15 (Reuters) – Pfizer Inc (PFE.N) has agreed to pay $ 345 million to resolve claims from consumers who say they overpaid for EpiPens due to anti-competitive practices by the drug maker and the company that markets emergency allergy treatment, Mylan.

The proposed class action settlement was disclosed in a case filed in federal court in Kansas City, Kansas. The deal, which requires a judge’s approval, would not resolve claims against Mylan, who is due to go to trial in January.

Paul Geller, an attorney for the plaintiffs, said they were “pleased that Pfizer has resolved its part of this class action lawsuit regarding the price of EpiPens.”

Pfizer did not admit any wrongdoing. In a statement, the company said it “denies any wrongdoing and continues to believe its actions were appropriate.”

The EpiPen is a hand-held device that treats life-threatening allergic reactions by automatically injecting a dose of epinephrine.

The litigation followed a public outcry in 2016 after Mylan, who owns the rights to market and distribute the devices, raised the price of a pair of EpiPens to $ 600, from $ 100 in 2008, placing it at the center of an ongoing US debate on the high cost of drugs.

The lawsuit accused Mylan, which is now part of Viatris Inc (VTRS.O), and Pfizer, which manufactured the EpiPen for Mylan, of engaging in anti-competitive behavior that allowed them to maintain a monopoly on the device market and their profitable revenues.

U.S. District Judge Daniel Crabtree last month dismissed many of the complaints against Mylan, but not all.

The remaining antitrust claims relate to a patent settlement that the plaintiffs say delayed the launch of a generic epinephrine auto-injector. Mylan said he “strongly believed that Mylan’s conduct was legal and pro-competitive.”

Mylan agreed in 2017 to pay $ 465 million to resolve allegations by the US Department of Justice that he overcharged the government for the EpiPen.

Reporting by Nate Raymond in Boston; Editing by Kim Coghill and Sonya Hepinstall

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