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Investigations are piling up at Mylan

Lydia Ramsey   

Investigations are piling up at Mylan
Finance3 min read

Heather Bresch Mylan

AP

Mylan CEO Heather Bresch holds up an EpiPen while testifying on Capitol Hill in Washington, Wednesday, Sept. 21, 2016, before the House Oversight Committee hearing on EpiPen price increases.

The lawyers at Mylan, the drugmaker at the center of outrage over the rising price of the EpiPen, must be busy these days.

The company filed its quarterly report with the Securities and Exchange Commission on Wednesday, and updated investors about ongoing legal matters.

The list is growing. The company recently said it is going to pay $465 million to the Department of Justice and other government agencies over the way it classified the EpiPen in the Medicaid Drug Rebate Program.

But that's not the only legal matter Mylan's facing. The company's also under investigation generic price collusion, unrelated to the EpiPen. For the sake of keeping everything straight, here are all the subpoenas Mylan's disclosed, in its 10-Q.

What was disclosed in the third-quarter 10-Q for the first time

  • We learned that the DOJ subpoenaed Mylan back in November 2014 over the classification of the EpiPen in the case that just got settled. Mylan has also received a document request from the SEC about this classification issue and Mylan's communications with the Centers for Medicare and Medicaid.
  • Class action lawsuits on behalf of shareholders were filed in October 2016, alleging that Mylan "made false or misleading statements and omissions of purportedly material fact" regarding the classification of the EpiPen under Medicaid. Mylan said the lawsuits are without merit.
  • Consumer class action lawsuits were also filed in August 2016 over the pricing and marketing of the EpiPen.
  • Mylan's also facing a shareholder lawsuit out of Israel as of October 13 2016, also regarding EpiPen's classification under Medicaid. Mylan said this suit was also without merit.
  • State attorneys general have subpoenaed Mylan for pricing and marketing information regarding EpiPen.
  • Employees and one member of Mylan's senior management on September 8, 2016 received subpoenas from the Department of Justice relating to the the marketing pricing and sale of some of Mylan's generic products, as well as Mylan's communications with its competitors. This is related to the reports that the DOJ is looking into generic drug price fixing.
  • In September 2016, a class action case was filed in Pennsylvania regarding alleged price-fixing the cholesterol medication Pravastatin. Mylan noted that it intends to "deny liability."

Investigations that were in the second-quarter 10-Q as well

  • SEC investigation that started September 10, 2015 regarding "certain related party matters."
  • Mylan also received subpoenas in December 2015 from the Antitrust Division of the DOJ and the attorney general of Connecticut regarding the price and marketing of Doxycycline, an antibiotic.

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