Insurer Seeks To Recover ‘Illegal’ Daraprim Overcharges Due To Obstruction Of Generics
Proposed class action lawsuit by Blue Cross Blue Shield of Minnesota against Vyera Pharmaceuticals could set a precedent for other health insurer actions against manufacturers.
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White House, Democrat majority in Congress and likely next FTC chair support the agency wielding the authority, says advertising law attorney Holly Melton. Supreme Court, though, likely will rule in pending cases that a strict reading of an FTC regulation doesn’t grant monetary penalty authority.
In joint complaint, the FTC and New York Attorney General allege scheme to block generic Daraprim and maintain exorbitant list price; they cite hundreds of emails the incarcerated Shkreli has exchanged with co-defendant in last six months.
Current drug classification standard was originally designed for the Medicare Part D program, which does not cover obesity drugs.