Attorney General Pam Bondi joined the federal government, the District of Columbia and all 49 other state attorneys general in a multimillion settlement with an international pharmaceutical company. This nationwide settlement resolves allegations that Mylan Inc. and its wholly-owned subsidiary, Mylan Specialty L. knowingly underpaid rebates owed to the Medicaid program for the drugs EpiPen® and EpiPen Jr.®. The drugs are injections containing epinephrine, a chemical that narrows blood vessels and opens airways in the lungs. These effects can reverse severe low blood pressure, wheezing, severe skin itching, hives and other symptoms of an allergic reaction.
Mylan allegedly misclassified EpiPen to avoid paying rebate obligations to the U.S. and the state, violating the federal False Claims Act and various state false claims statutes. As part of the settlement, Mylan will pay a total of $465 million to the federal government and the states. Florida will receive more than $9 million in restitution and other recovery.
The investigation stemmed from two qui tam actions, United States ex rel. sanofi-aventis US LLC v. Mylan Inc., et al. No. 16-cv-11572-ADB, and United States ex rel. Ven-A-Care of the Florida Keys, Inc. v. Mylan Inc., et al. No. 17-10140-ADB, pending in the U.S District Court for the District of Massachusetts.
To view a copy of the settlement, click here.