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Mylan Wins Dismissal Of EpiPen Direct Purchaser Case

By  |  July 28, 2021

Viatris announced that the US District Court for the District of Kansas granted Mylan’s motion to dismiss in a lawsuit brought against it and Pfizer by KPH Healthcare. (KPH) on behalf of an asserted class of direct purchasers of EpiPen(R) products.

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    Viatris noted that the court agreed with the company’s argument that KPH lacked the legal standing to assert the claims in its lawsuit and dismissed the case in its entirety with an option for KPH to file a limited amended complaint within 30 days.

    The court agreed with Mylan’s argument that KPH lacks legal ground to make its claims. The Supreme Court generally holds that only direct purchasers, not indirect purchasers such as KPH, have standing to sue and recover damages under antitrust law, Judge Crabtree wrote. KPH didn’t buy EpiPen straight from Pfizer and Mylan but instead went through McKesson, the defendants pointed out.

    Viatris said it will continue to defend itself vigorously should there be any further proceedings in the case.

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