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Turing sued over 5,000% drug price hike

Calif. firm says Turing breached contract for sale rights of Daraprim

- Kevin McCoy @kmccoynyc

The drug firm previously headed by Martin Shkreli was sued Monday for allegedly breaching a contract that let it sell Daraprim, the medication whose price the company marked up 5,000%, sparking nationwide criticism.

New York City-based Turing Pharmaceut­icals neglected to provide and certify accurate pricing data for the drug and failed to assume responsibi­lity for Medicaid rebate liability linked to the medication’s sales, the federal lawsuit filed in New York by Impax Laboratori­es charged.

Impax, a California company that sold its Daraprim sale rights to Turing in August, also charged that Turing violated the agreement that it would “use best efforts not to do any act (that) endangers, destroys or similarly affects the value of the goodwill” of Impax’s corporate name.

Turing did not immediatel­y respond to a message seeking comment on the allegation­s. Daraprim is used to treat toxoplasmo­sis, a potentiall­y life-threatenin­g illness that afflicts those with AIDS, cancer or other condi- tions that weaken the immune system. Turing ’s 2015 price hike on the decades-old drug last year under Shkreli’s leadership raised the per-pill cost from $13.50 to $750.

The price increase generated complaints from patients, health industry experts and presidenti­al candidates. It also prompted scrutiny of Turing by two congressio­nal panels examining how drug price hikes affect patients.

Shkreli resigned from Turing in December, one day after he was arrested and pleaded not guilty to unrelated charges of securities fraud. The embattled pharmaceut­ical entreprene­ur, who had defended the Daraprim price hike, invoked his constituti­onal right not to testify and incriminat­e himself when he appeared under subpoena for a February hearing by the House Committee on Oversight and Government Reform.

But a May 27, 2015, Shkreli memo obtained by the House panel showed he wrote “$1bn here we come,” as Turing moved to acquire the Daraprim sale rights.

Impax’s lawsuit said the company “had no forewarnin­g ” of Turing ’s price hike and would receive “no financial remunerati­on” linked to the increase.

“It nonetheles­s found itself subject to significan­t liability due to Turing ’s actions,” Impax’s lawsuit alleged. “Turing retains the profits from its stunning price increase and at the same time refuses to provide complete and timely informatio­n to Impax.”

 ?? CRAIG RUTTLE, AP ?? Ex-Turing CEO Martin Shkreli heads to court in New York City in December 2015 to face securities fraud charges.
CRAIG RUTTLE, AP Ex-Turing CEO Martin Shkreli heads to court in New York City in December 2015 to face securities fraud charges.

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