Humana’s Antitrust Claims Over Acthar Can Advance

Insurer Humana can advance antitrust claims over Mallinckrodt’s decision to spike the price of Acthar, which treats infantile spasms and multiple sclerosis, by a factor of 1,000, a federal judge in Los Angeles ruled.

Mallinckrodt offered “a number” of arguments against the economic analysis by Humana’s expert. But “these criticisms appear better directed to a challenge at the summary judgment stage,” Judge Dale S. Fischer wrote August 14. Humana’s claims “need only be plausible,” not “proven,” the judge said.

When the lawsuit was filed, Mallinckrodt told Becker’s in a statement that it “strongly believes that Humana’s complaint is completely without merit” and “that the complaint should be dismissed in its entirety.”

Federal Judge Dale Fischer of Los Angeles declined to grant Mallinckrodt’s motion to dismiss the lawsuit in its entirety, though granted dismissal of some parts of the suit. According to his August 14 order, Mr. Fischer said Humana’s antitrust claims against Mallinckrodt can advance.

Full Content: Bloomberg

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