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(Hartford, CT) -- Attorney General William Tong today announced a $230 million multistate settlement with Mallinckrodt regarding allegations the company knowingly underpaid Medicaid rebates for its drug H.P. Acthar Gel. Connecticut is joined in the settlement by 49 other states, Washington, D.C., Puerto Rico, and the federal government.

“Mallinckrodt raised its Acthar price and lied about the gel’s status as a ‘new drug’ to avoid paying millions of dollars in rebates to state Medicaid programs. Acting in coordination with our multistate partners and the federal government, we are now holding Mallinckrodt accountable for those false claims and forcing them to pay $230 million,” said Attorney General Tong.

This settlement results from a whistleblower lawsuit originally filed in the United States District Court for the District of Massachusetts. The federal government, twenty-six states, the District of Columbia, and Puerto Rico intervened in the civil action in 2020. The settlement, which is based on Mallinckrodt’s financial condition, required final approval of the U.S. Bankruptcy Court for the District of Delaware, which approved the settlement on March 2, 2022.

SEC v. Gianluca Di Nardo, Corralero Holdings, Inc., Oscar Ronzoni, Paolo Busardo, Tatus Corp., and A-Round Investment SA (originally filed as SEC v. One or More Purchasers of Call Options for the Common Stock of DRS Technologies, Inc. and American Power Conversion Corp.)

U.S. Bankruptcy Judge Robert Drain must approve the deal, which protects the Sacklers from civil lawsuits. Purdue requested a March 9 hearing for Drain to review the agreement.

Opioid overdose deaths soared to a record during the COVID-19 pandemic, including from the powerful synthetic painkiller fentanyl, the U.S. Centers for Disease Control and Prevention has said.

Purdue filed for bankruptcy in 2019 in the face of thousands of lawsuits accusing it and members of the Sackler family of fueling the opioid epidemic through deceptive marketing of its highly addictive pain medicine.

Tong and the mediator urged Drain to allow victims of the opioid epidemic to address the court when the judge considers approving the settlement and to order the Sackler family members to attend.

Plaintiffs have filed a proposed class action lawsuit against health insurance provider Humana Inc. in the U.S. District Court for the Western District of Kentucky, alleging breaches of the fiduciary duty of prudence required by the Employee Retirement Income Security Act (ERISA).

The plaintiffs allege that, with its billions of dollars in assets, the Humana defined contribution (DC) retirement plan has substantial bargaining power regarding the fees and expenses charged against participants’ investments. According to the plaintiffs, however, the plan’s fiduciaries did not try to reduce the plan’s expenses, resulting in the assessment of excessive fees.

The lawsuit closely resembles numerous other ERISA excessive fee complaints filed in recent years, in no small part due to the fact that the plaintiffs are represented by the increasingly well-known law firm Capozzi Adler. At this point, Capozzi Adler has been involved in a growing number of ERISA fiduciary breach lawsuits targeting employers in the health care sector, with mixed results.