The state of Indiana on Monday filed a lawsuit accusing in-state drugmaker Eli Lilly and Co. of participating in a scheme with other insulin manufacturers and pharmacy benefit managers that dramatically inflated insulin prices over the past decade by more than 1,000%.

“Pharmaceutical companies should not take advantage of Hoosiers or any other American -- this includes Lilly, regardless of its Indiana roots,” Attorney General Todd Rokita said in a statement. “For two years, I attempted to resolve this matter with them amicably and without litigation, an effort not required by the state and one not afforded to Lilly’s out-of-state competitors.”

This action, along with the state’s previous lawsuit against other insulin manufacturers and PBMs, addresses alleged deceptive market practices that artificially inflated prices and seeks structural changes through injunctive relief to promote fair competition and sustained lower costs for patients. Previous accountability efforts already have prompted manufacturers, including Eli Lilly, to substantially reduce prices and introduce $35 monthly out-of-pocket caps for many patients. This new action builds on that progress by pursuing injunctive relief to drive structural market changes, along with damages and penalties to benefit affected consumers and ensure lasting accountability.

“Lilly, which maintains by far the largest market share for insulin, rejected this outreach and consumed two years of time,” Rokita said. “Not to worry -- we intend to have Indiana added to the ongoing multistate litigation, where we will share in the results of evidence already uncovered and any settlement or judgment.”

Rokita has taken several additional legal actions in an effort to reduce health care costs in the state, including:

  • Securing settlements of $66.5 million against Centene, $573 million in a multistate settlement against McKinsey & Co., nearly $7 million against Mallinckrodt and $39.1 million in a multistate settlement with Apotex over generic drug price-fixing
  • Assisting in a multistate opioid settlement against the Sackler family and Purdue Pharma
  • Announcing an 11th multistate opioid deal, bringing the total opioid funds secured for Indiana to $1.1 billion
  • Taking action against pharmaceutical companies for allegedly spiking EpiPen prices by 600% while deceiving Indiana consumers. 

Nearly 700,000 Indiana residents have been diagnosed with diabetes, with millions more being prediabetic, according to the attorney general’s office.

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