Pennsylvania sues drugmakers, PBMs over insulin pricing

Pennsylvania Attorney General Dave Sunday has sued three insulin makers and several pharmacy benefit managers, alleging they colluded to manipulate insulin prices and raise patients’ out-of-pocket costs.

The attorney general’s Antitrust Section filed the complaint in Commonwealth Court this week, alleging violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, unjust enrichment and civil conspiracy, according to an Oct. 13 news release. The defendants include drugmakers Eli Lilly, Novo Nordisk and Sanofi-Aventis US and PBMs including Express Scripts, CVS Caremark and Optum Rx. The complaint alleges the companies conspired to artificially inflate insulin prices by more than 1,000%.

The complaint seeks injunctive relief that would require structural changes so the companies lower costs to “fair market prices” and give patients more options, as well as restitution for affected Pennsylvanians, civil penalties and costs.

Pennsylvania joins a growing list of states that have sued over insulin pricing. Missouri sued 19 PBMs and drugmakers in January, and Delaware filed a similar suit against three drugmakers and three PBMs that month, alleging price increases of up to 1,000% over 15 years. Florida’s attorney general followed in September with a suit against Lilly, Novo Nordisk, Sanofi and the three largest PBMs. Two Connecticut cities have also accused PBMs and drugmakers of an insulin pricing scheme.

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