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Westlaw News

UnitedHealth, Express Scripts settle ERISA claims over EpiPen pricing

UnitedHealth Group Inc and Express Scripts Holdings have settled lawsuits claiming that their pursuit of rebates and other discounts on the allergy injection EpiPen from Mylan NV drove up the medication’s price, violating their fiduciary duties under the federal Employee Retirement Income Security Act.

The settlements came about two months after a St. Paul, Minnesota federal judge declined to certify classes against the companies and two other pharmacy benefit managers, meaning that UnitedHealth Group and Express Scripts each had to settle with only a single plaintiff to exit the litigation.

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