Insulin Price Settlement Falls Through, Leaving Patients in Limbo

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.

From price caps to deceptive pricing allegations

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.

The battle continues: Legal action and patient advocacy

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:

• Contact your health insurance provider to understand your insulin coverage and explore potential cost-saving options within your plan.

• Investigate patient assistance programs offered directly by drug manufacturers. These programs can provide financial help to qualified individuals.

• Advocate for policies that promote insulin affordability at the state and federal level. By making your voice heard, you can help push for solutions that ensure everyone has access to this life-saving medication.