A Kansas District Court recently reinforced that cases alleging claims outside the Judicial Panel on Multidistrict Litigation (JPML) Transfer Order cannot be employed to broaden the scope of the MDL litigation. In reaching that conclusion, the court denied a motion to consolidate a new class-plaintiffs’ lawsuit with a mature multidistrict litigation (MDL).
In August 2017, the JPML created MDL 2785, In re: EpiPen (Epinephrine Injection, USP) Marketing Sales Practices and Antitrust Litigation (EpiPen® MDL). The EpiPen MDL is made up of cases asserting claims of anticompetitive conduct and unfair competition by defendants Pfizer, King Pharmaceuticals, Meridian Medical Technologies and multiple Mylan entities in their marketing and sale of the EpiPen. EpiPen is an epinephrine auto-injector used to treat anaphylaxis — a severe, potentially life-threatening allergic reaction that can occur within minutes of exposure to an allergen. The JPML assigned the EpiPen MDL to the District of Kansas.