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Pasco joins lawsuit regarding insulin pricing

September 12, 2023 By B.C. Manion

Pasco County is joining a lawsuit relating to the pricing of insulin, a life-saving medicine for the treatment of diabetes.

The Pasco County Commission approved an agenda item on Aug. 8 to join in insulin litigation, after the county was approached by the law firm of Magazine & Light Law Group, which is the local counsel to a team of lawyers, Levin, Papantonio, Rafferty et. al., Kozyak, Tropin & Throckmorton, Seeger Weiss and Baron & Budd.

The board’s Aug. 8 agenda item explains that “the price of insulin has skyrocketed over the last 20 years.”

The background materials also note that diabetes has become the seventh-leading cause of death in the country.

“The main premise of this litigation is that insulin manufacturers and pharmacy benefit managers have artificially inflated the price of insulin at the expense of self-funded health plans,  such as the one operated by the Board of County Commissioners for its employees,” the agenda materials say.

“A handful of manufacturers and pharmacy benefit managers (PBM), control the insulin market. Sanofi, Novo Nordisk and Eli Lilly comprise 96% of the global insulin market by volume and 99% by value, Pharmacy Benefits Managers, Express Scripts, CVS Caremark and Optum RX control 89% of the PBM market,” the materials say.

Pasco County Attorney Jeffrey Steinsnyder and Pasco County Administrator Mike Carballa recommended the engagement of outside counsel to seek compensation “for the overpayment of costs” through the county’s health insurance program.

Under terms of the contract, the county will not pay outside counsel, unless there is a monetary recovery. If money is recovered, the county will pay costs and fees out of the recovery made.

Published September 13, 2023

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