NEWARK, N.J. – A historic fair drug-pricing lawsuit has reached a milestone moment, according to attorneys at Hagens Berman and Carella Byrne Cecchi Olstein Brody & Agnello who represent a class of those living with diabetes fighting the rising price of insulin.

The law firms first began the crusade against insulin-maker Eli Lilly in 2017 and have been leading the charge to make a difference for the millions of people who rely on insulin on a daily basis, and recent activity from the court has spurred attorneys in a new direction.

“Since we began this case, we’ve received calls, emails and messages from individuals underscoring the drastic need for change,” said Steve Berman, managing partner and co-founder of Hagens Berman and court-appointed co-lead counsel representing insulin purchasers in the lawsuit. “When drug makers charge prohibitively high prices for life-saving medication, a lawsuit like this truly has the potential to save lives.”

“On the Side of Justice”

In 2023, Hagens Berman announced a settlement worth more than $500 million, celebrating the power of class actions to change. The deal specifically benefits those who are underinsured or paying with co-insurance. Since the settlement was reached, however, the court has denied certification of the class. Hagens Berman has forged ahead in a new direction, continuing the fight for fair drug pricing.

“It’s not the first time that our firm has faced pushback in the face of monumental shifts and historic litigation,” Berman said. “Change often doesn’t come easily, but we don’t give up when we are on the side of justice.”

The firm plans to pursue amended action in federal court relying on New Jersey’s powerful state RICO Act.

Next Steps for Those Affected

Now, the firm seeks input from those who bought insulin after 2019 either with co-insurance or at full price. The firm continues its fight for rights to compensation due to an alleged overpricing scheme regarding Apidra, Basaglar, Fiasp, Lantus, Levemir, Novolog, Humalog and Toujeo. Those affected may contact Hagens Berman’s team now.

The class action details several accounts from patients resorting to extreme measures to survive rising insulin prices, including starving themselves to control their blood sugar levels, intentionally slipping into diabetic ketoacidosis to receive insulin samples from hospital emergency rooms, under-dosing insulin and taking expired insulin.

“This lawsuit belongs to the millions of Americans living with diabetes, and this is their milestone moment,” Berman said. “This litigation has the power and potential to shift the landscape and set a precedent for the future to fight the rising cost of prescriptions.”

During the years of litigation, the firm has already persevered through multiple rounds of motion to dismiss briefing, three amended complaints and extensive discovery, including more than 60 depositions of plaintiffs and defendants’ employees.

Read more about the law firm’s class-action lawsuit against insulin makers.

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About Hagens Berman
Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

About Carella Byne
Carella Byrne is one of the leading law firms in the New Jersey – New York metropolitan area, serving a diverse clientele ranging from small businesses to Fortune 500 corporations. Carella Byrne has led - or been part of the leadership team - in many of the nation’s most complex and important consumer class actions affecting consumer rights. More about the law firm and its successes can be found at www.carellabyrne.com.

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