SALT LAKE CITY — Utah's Division of Consumer Protection is asking diabetics in the state who have struggled to pay for insulin or be forced to ration it to participate in a lawsuit against drug manufacturers.
Utah Attorney General Sean Reyes announced a lawsuit last month against major drug manufacturers, accusing them of a scheme by inflating the price of insulin more than 1,000% over the past decade. Recently, the Utah Department of Commerce (which oversees the Division of Consumer Protection) created a special website to solicit people to be witnesses or plaintiffs in the litigation.
LINK: Utah Division of Consumer Protection insulin litigation site
"For us to seek damages at all on behalf of the citizens of the state of Utah? We need people to complain," Katie Hass, the director of the division, said in a recent interview with FOX 13 News.
There are an estimated 200,000 people with diabetes in Utah. Hass said they would like to collect testimonials to be part of the litigation against the drug makers. Some may be asked to testify about their personal experiences should the case go to trial.
Hass said people have engaged in behaviors like rationing insulin or starvation to offset their levels. Others have borrowed from friends because they're uninsured. Sometimes those with insurance are also impacted, she said.
"When you’re debating between a life-saving medication and paying the rent or keeping the lights on at your home or the heat on in the winter, those are important things for us to understand," Hass said.
In 2020, the Utah State Legislature created a special program for people in need to purchase insulin at a discounted rate. It is run through Utah's Department of Health & Human Services, which also offers other insulin programs.
Insulin manufacturers are pushing back hard against the litigation and pointing out their own programs to offer low-cost insulin. In a statement to FOX 13 News, Eli Lilly and Co. denied the accusations of price gouging.
"The state’s complaint is baseless and should be dismissed. Lilly has been working for years to reduce insulin out-of-pocket costs for people with diabetes, against the headwinds of a healthcare system that incentivizes others—including states like Utah—to choose higher list-price medicines over lower-priced options," the company said. "Lilly was the first and still only company to cap what people pay at $35 per month for all of our insulins, and the average monthly out-of-pocket cost for Lilly insulin is even lower, $20.48."
Novo Nordisk also criticized the state of Utah's lawsuit.
"Novo Nordisk believes that the allegations in these lawsuits are without merit, and we intend to vigorously defend against these claims," the company said. "While we will not comment further about ongoing litigation, we recognize that not all patient situations are the same and we have a number of different insulin affordability offerings available through NovoCare. Importantly, we continually review and revise our offerings as well as work with diverse stakeholders to create solutions for differing patient needs."
The American Diabetes Association said there is an "insulin affordability crisis" in America that impacts millions of Americans.
"Insulin affordability is a health equity issue that disproportionately impacts under-resourced communities, including aging populations, rural communities, and communities of color. The ADA has worked tirelessly at the state and federal levels to advance insulin co-pay caps and other policies that make diabetes treatment more affordable. ADA will continue to advocate for change until everyone who needs insulin has affordable access to it," said the organization's chief advocacy officer, Lisa Murdock.
