A proposed settlement that promised to lower insulin prices for millions of Americans has collapsed, leaving patients in a state of uncertainty. The deal, struck between drugmaker Eli Lilly and consumer representatives, hinged on a judge certifying a nationwide class action lawsuit encompassing all three major insulin manufacturers. However, on May 1st, a federal judge's refusal to certify the class against Novo Nordisk and Sanofi-Aventis due to difficulties in proving individual damages derailed the entire agreement.
The initial deal proposed last May included Eli Lilly capping insulin prices at $35 per month for four years and creating a $13.5 million cash fund for certain consumers. However, its success relied on including all three major manufacturers in the class action. With the judge's ruling, both Eli Lilly and the plaintiffs agreed to scrap the entire settlement.
Patients' lawyers are now shifting gears. They are amending their complaint to focus on what they allege are deceptive pricing practices by manufacturers. Their argument centers around the idea that inflated list prices are used to provide kickbacks to middlemen in the healthcare system, not to benefit consumers at the pharmacy counter.
Eli Lilly, on the other hand, maintains its commitment to affordable insulin. They point to their existing $35 cap and the average out-of-pocket cost of $17.16 for their products. Novo Nordisk has also countered with a $35 insulin option and recent list price reductions on some products.
Meanwhile, several state attorneys general remain active in pursuing lawsuits against insulin manufacturers.
This failed settlement underscores the ongoing battle for affordable insulin. While some manufacturers offer lower-cost options, many patients still face significant financial burdens. The amended lawsuit and ongoing state actions could lead to further developments in the fight for insulin affordability.
For patients struggling with insulin costs, there are a few steps you can take:
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