EpiPen’s lawsuit claimed that both Pfizer and Mylan engaged in illegal activity to help boost sales of the product. A motion filed this week by the case’s plaintiffs alleges that Mylan went a step further to suppress evidence.
The motion claims that Mylan reached out to vendors, forcing them not to release certain documents that could be used against the company in the lawsuit.
Mylan reportedly contacted any vendors that were under subpoenas, taking documents that the company deemed “privileged.” The findings came to light after plaintiffs noticed a document missing from one of the vendors. Following questioning, the vendor told the plaintiffs that Mylan asked for the document to be withheld from evidence.
Mylan’s attorneys claim that the company has the right to be able to hold back and allow certain documents for submission.
The company reportedly “waived any claim of privilege” over vendor documents. Attorneys for the plaintiffs want Mylan to provide details of all documents that were withheld or reimburse some of the attorney fees assessed.
Pfizer and Mylan were accused of engaging in a scheme to boost sales of the EpiPen last October. The 400-page lawsuit claims that the companies paid benefits to pharmacy managers to block competition.
Regulatory processes were also abused, and EpiPen reportedly stopped selling the life-saving device in singles so that they could force consumers to pay higher prices to buy the two products. Mylan also increased the EpiPen’s prices drastically over the years, in a move that is said to have “no medical rationale.”
Some of the allegations against the makers of EpiPen have been dismissed. The lawsuit alleges that the drug makers engaged in actions that violate antitrust and consumer protection laws. Company representatives claim that the lawsuit has no merit and have vowed to defend themselves against all claims.