EpiPen, Patents, and Life and Death
New York University Law Review Online (Forthcoming)
14 Pages Posted: 2 Apr 2021 Last revised: 17 May 2021
Date Written: March 2, 2021
Drug pricing disputes, while significant public health concerns, are not typically immediate life or death matters. But they may be for certain emergency medicines, medicines used for potentially lethal and rapidly onset illnesses or injuries. This is especially true for emergency combination drug-device products, like Mylan’s EpiPen, for which patients bear a significant brunt of the products’ cost. Scholarly commentary on the controversy surrounding the pricing of Mylan’s EpiPen, however, has largely elided over this relationship among combination products, emergency medicine, and patient payment, focusing principally instead on classic issues of antitrust and competition. This brief Essay explores how EpiPen’s pricing capacity is a function of a peculiar intersection of emergency medicine, FDA law and policy, and patents, and suggests areas of further analysis for other drug-device emergency products.
Keywords: EpiPen, patents, emergency medicine, public health, fda
JEL Classification: K19, K23, K32, I18
Suggested Citation: Suggested Citation