EpiPen, Patents, and Life and Death

New York University Law Review Online (Forthcoming)

Ohio State Legal Studies Research Paper No. 617

14 Pages Posted: 2 Apr 2021 Last revised: 17 May 2021

See all articles by Jacob S. Sherkow

Jacob S. Sherkow

University of Illinois College of Law; University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology; Center for Advanced Studies in Biomedical Innovation Law

Patricia J. Zettler

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: March 2, 2021

Abstract

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

Sherkow, Jacob S. and Zettler, Patricia J., EpiPen, Patents, and Life and Death (March 2, 2021). New York University Law Review Online (Forthcoming), Ohio State Legal Studies Research Paper No. 617, Available at SSRN: https://ssrn.com/abstract=3808098

Jacob S. Sherkow (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology ( email )

Urbana, IL
United States

Center for Advanced Studies in Biomedical Innovation Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

HOME PAGE: http://jura.ku.dk/cebil/staff/

Patricia J. Zettler

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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