throbber
Exorbitant Drug Costs May Price Out Patients
`
`Page 1 of 3
`
`
`
`The Washington
`
`0 I
`Dip omat
`
`.
`
`Exorbitant Drug Costs May Price Out Patients
`
`[.:lPr'”**“'SPa9e
`
`By by Gina Shaw
`
`Uploaded on April 27, 2011
`
`In January, an injectable form of the drug progesterone, a synthetic hormone used to prevent preterm labor in some
`
`130,000 pregnant women every year, cost as little as $10 from your local pharmacy.
`
`Just three months later, the same drug skyrocketed to
`
`’,.,
`
`‘
`
`..
`
`$1,500 per dose — although after a public outcry, the
`price tag dropped to $690 per dose. That's still a 69-
`
`'
`
`fold price increase. Why? Did the drug magically get
`better? Did manufacturers discover a brand new
`
`“$1523
`«I '
`=..-Igfi
`
`M.
`,,,r
`
`.
`
`indication? Nope.
`
`is a sterile injectable drug, granting specific approval to _.:l'|I-n- _
`
`The Food and Drug Administration granted exclusive
`
`approval to KV Pharmaceutical to produce the drug
`
`under the brand name Makena, designating it an
`
`"orphan drug" with seven years of monopoly
`protection. The agency decided that because the drug
`
`a manufacturer under FDA guidelines would offer a
`greater assurance of safety.
`
`‘Photo; Bigstock
`'
`_
`"
`'
`Drug companies often claim that the high prices ofmedicattons
`are necessary to compensate for the enormous cost of bnnging a
`
`Originally, KV planned to charge $1,500 per dose for
`the drug — which, if injected every week for the
`
`drug to market, but that doesn't explain why otder drugs, whose
`prices shoutcl have already been calcutated to cover those costs,
`
`recommended 20 weeks, would have cost a whopping
`$30,000 per at—risl< pregnancy. But after an uproar, the
`
`St. Louis-based company brought the price down to
`
`soar in price when a new drug enters the market.
`
`what it apparently thinks is a much more reasonable $690. It also noted that it will expand its financial aid program so that
`
`85 percent of women who need the drug will pay no more than $15 per dose, according to a company statement.
`
`But the $690 price tag is still prettyjaw dropping, especially given that KV didn't pay a dime to develop Makena — the
`
`initial clinical trials were taxpayer—funded through the National Institute of Child Health and Human Development (NICHD)
`at the National Institutes of Health.
`
`"This stuff is really cheap to make — this would be as if a brand new company somehow got a patent on Tylenol or aspirin
`and decided to sell it at $100 a pill," Dr. Christopher Harman, director of the Center for Advanced Fetal Care and chief of
`obstetrics and gynecology at the University of Maryland Medical Center in Baltimore, told Internal Medicine News. He
`
`found the price hike a particular outrage because the women at highest risk of premature birth — young African American
`women — may be the least able to afford it.
`
`http://www.washdiplomatcom/index.php'?view=artic1e&catid=1473 %3Amay-201 1&id=7...
`
`1/26/2016
`
`MYLAN PHARMS. INC. EXHIBIT 1074 PAGE 1
`
`MYLAN PHARMS. INC. EXHIBIT 1074 PAGE 1
`
`

`
`Exorbitant Drug Costs May Price Out Patients
`
`Page 2' of 3
`
`The FDA has said that companies who were making the progesterone injections previously can still market their drugs as a
`generic, contradicting a letter sent by KV to compounding pharmacies telling them that the FDA would enforce their
`exclusive right to make the drug.
`
`Progesterone injections are far from the first drug to take a sudden and startling trajectory upward in price. Last fall,
`
`Novartis introduced a drug called fingolimod (Gilenya), the first oral medication for multiple sclerosis. The sticker price on
`this medication was startling enough: $48,000 a year, far more than some people's annual salaries.
`
`But this was the first drug of its kind, with no direct competitors. Maybe the premium wasn't all that surprising — until other
`
`multiple sclerosis drugs, many long on the market, suddenlyjoined the band wagon and started going up in price as well.
`
`Copaxone, manufactured by Teva, now costs more than $42,000 per year, nearly 40 percent more than its price at the
`beginning of 2010. Another company, Biogen ldec, has also raised prices for two other MS drugs, Tysabri and Avonex,
`though not as much as the Copaxone hike.
`
`Drug companies often claim that the high prices of medications are necessary to compensate for the enormous cost of
`
`bringing a drug to market (estimated at around $1 billion over about nine years). But why should older drugs, whose prices
`should have already been calculated to cover those costs, go up in price when a new drug enters the market?
`
`Dr. Edward Fox, clinical associate professor of neurology at the University of Texas Medical Branch and director ofthe MS
`
`Clinic of Central Texas, thinks it's all about painting a competitive picture. "With the onset of new medications that come at
`
`a premium, companies have raised the price of older medications in order not to appear inferior to the new drug. They look
`
`at the price as being meaningful when it comes to expectations. If a certain drug is priced lowest, it must be less worthy
`somehow."
`
`Given the high cost of medications for multiple sclerosis and drugs for conditions like cancer, it's almost impossible to get
`
`them without either having excellent insurance, or being in such dire financial straits that you qualify for a drug company's
`"compassionate access" program.
`
`But as prices leap ever higher, even "good" insurance and assistance programs are leaving many people behind.
`Insurance plans are raising co—pays to compensate for the new sky—high drug costs. "On a weekly basis, I'm dealing with
`
`patients who have what I would call a medication crisis," Fox said. "Many of my patients have co—pays of between $300
`and $800 a month. There aren't too many families who can easily absorb that cost."
`
`And with prices increasing at exponential rates, the income thresholds set by drug manufacturers to enter their
`
`compassionate access programs will also need to be higher and higher to assist the growing number of people who are
`greatly burdened by the cost of their medications.
`
`What's the answer? Many physicians who are watching their patients struggle to afford their medications — and spending
`too much of their time appealing insurance company denials of ever-more expensive drug coverage — say that the
`government needs to step in.
`''I've always felt that when a medication is approved and a price is set, it should be set
`
`across the board," said Fox. ''I‘m a free-market supporter, but I do not believe in differential pricing of medications for
`
`different health care plans. tfit's got a price, it should be the same for Medicare, Blue Cross, Tricare, whatever. lfyou do
`that, and it's truly transparent pricing, companies are more likely to compete with one another in terms of reasonable
`prrcrng."
`
`In return, Fox says, drug companies should be given a longer effective patent life for their medications (at least, the ones
`
`they actually developed themselves). Currently, the patent life for a new drug is 20 years — but that begins on the date of
`the patent application. Drugs are usually patented before the FDA approval process, which can take many years. As a
`
`result, the effective life of the patent is often less than 10 years. "The patent clock shouldn't start ticking until approval," Fox
`
`http://Wwwwashdiplomat.com/index.php‘?view=artic1e&catid=1473%3Amay—201 1&id=7...
`
`1/26/2016
`
`MYLAN PHARMS. INC. EXHIBIT 1074 PAGE 2
`
`MYLAN PHARMS. INC. EXHIBIT 1074 PAGE 2
`
`

`
`Exorbitant Drug Costs May Price Out Patients
`
`Page 3 of 3
`
`suggested. "lf drug manufacturers had a longer and more predictable patent life, they'd better be able to predict profitability
`for a certain drug, and might be willing to accept price controls."
`
`But something has to be done, and soon, Fox said. "We've reached a boiling point. My patients are afraid that they won't
`be able to get the medications that have made a huge difference in their lives."
`
`About the Author
`
`Gina Shaw is the medical writer for The Washington Diplomat.
`
`Last Edited on June 24,2014
`
`http://www.washdip1om at.com/index.php?vievFarticIe&catid=1473 °/u3Amay-20 1 1&id=7...
`
`1/26/2016
`
`MYLAN PHARMS. INC. EXHIBIT 1074 PAGE 3
`
`MYLAN PHARMS. INC. EXHIBIT 1074 PAGE 3

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket