West Virginia Record

Wednesday, September 18, 2019

Bresch set to be deposed in EpiPen multidistrict litigation

Federal Court

By Kyla Asbury | Sep 12, 2019


KANSAS CITY, Kan. — A document in a multidistrict lawsuit against Mylan involving EpiPen marketing and sales practices lays out plans to depose Mylan CEO Heather Bresch.

The amended notice of deposition was filed Sept. 5 in U.S. District Court for the District of Kansas. 

Bresch's deposition is scheduled for Oct. 15 at 10 a.m. at the offices of Pietragallo Gordon Alfano Bosick & Raspanti in Pittsburgh.

Sanofi filed the lawsuit against Mylan alleging Mylan used anticompetitive tactics when Sanofi released its rival, Auvi-Q.

The lawsuit, which was filed in 2017, alleges $11.7 billion in damages — the $3.9 billion damages tripled.

EpiPen and Auvi-Q are epinephrine autoinjectors, but EpiPen has been around longer than Auvi-Q. In 2015, Auvi-Q took its product off the market due to a technical problem. It was released again in 2017.

Sanofi alleged that Mylan offered steep rebates to commercial insurers and others if they would agree not to reimburse for Auvi-Q prescriptions, which caused Auvi-Q problems. Sanofi also claims Mylan had EpiPen misclassified so that agencies like Medicaid would be under-reimbursed for EpiPen sales.

In its counterclaim, Mylan argued that Sanofi engaged in anticompetitive conduct. Mylan claimed it had spent millions on educating the public and medical community on the dangers of anaphylaxis because little was known about the condition.

Mylan claims Sanofi falsely advertised Auvi-Q as a more patient-friendly version of the EpiPen and led providers to believe EpiPen would be phased out. It alleges Sanofi also tossed out EpiPen materials in offices and offered kickbacks for prescribing Auvi-Q.

"The procompetitive benefits of Mylan’s alleged conduct substantially outweigh its purportedly anticompetitive effects," its answer to the complaint states. 

Sanofi is represented by John A. Stratford, Eric Andrew Rivas, Melissa Rutman, Sarah L. Segal, Randi Singer, Robert William Taylor, Adam Scott Tolin, Eric Shaun Hochstadt, Lauren Jacobson, Erin James, Lisa Marie Madalone, Nathaniel David White, Joseph Adamson, Luna Ngan Barrington, Yehudah L. Buchweitz and Diane P. Sullivan of Weil, Gotshal & Manges; Jiamie Chen of Joseph Saveri Law Firm; Jacob Benjamin Ebin of Mayer Brown; Paul J. Geller of Robbins Geller Rudman & Dowd; and Ian S. Millican of The Lanier Law Firm.

Mylan is represented by Kathryn M. Ali, Carolyn Anne DeLone, Brian R. Richichi, Keith O'Doherty, Christopher D. Edelman, Adam K. Levin, Sue Lin, Mitchell E. Zamoff, Katherine Booth Wellington, Jon Myer Talotta, David M. Foster, Yuri Fuchs, Michael David Gendall, Benjamin Frederick Holt and Justin Bernick of Hogan Lovells; Chad E. Blomberg, James Moloney and Brian C. Fries of Lathrop Gage; Thomas L. Boeder and David A. Perez of Perkins Coie; Arnold B. Calmann and Jeffrey S. Soos of Saiber LLC; Roy T. Englert Jr., Lee Turner Friedman, John Goerlich, Ralph C. Mayrell, Philip A. Sechler, Kathryn Zecca and Jessica Arden Ettinger of Robbins, Russell, Englert, Orseck, Untereiner & Sauber; Susan E. Foster of Yarmuth Wilsdon Calfo; Daniel Thomas Graham and Timothy Robert Herman of Clark Hill; and John Robert Robertson of DLA Piper.

Bresch is the daughter of U.S. Senator Joe Manchin (D-W.Va.). This summer, Mylan and Pfizer subsidiary Upjohn agreed to merge.

U.S. District Court for the District of Kansas case number: 2:17-md-02785

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