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UnitedHealthcare Ins. Co. v. Regeneron Pharmaceuticals Inc.

Regeneron Granted Stay Pending Resolution of Federal Case in Massachusetts

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ADDITIONAL CASES Humana Inc., Plaintiffs, v. Regeneron Pharmaceuticals, Inc., Defendant; 21 CV 6245 OPINION AND ORDER Plaintiffs UnitedHealthcare Insurance Company and United Healthcare Services, Inc. (together, “United”), bring an action against defendant Regeneron Pharmaceuticals, Inc. (“Regeneron”), alleging Regeneron engaged in an illegal kickback scheme to promote a drug it manufactures called EYLEA. Plaintiff Humana Inc. (“Humana”) brings a separate action against Regeneron, making the same allegations. Now pending are Regeneron’s motions to dismiss or, in the alternative, to stay both actions pending resolution of United States v. Regeneron Pharmaceuticals, Inc., No. 20cv11217 (D. Mass. filed June 24, 2020) (the “DOJ Action”). (United Doc. #32; Humana Doc. #20).¹ Although these cases are not formally consolidated, because Regeneron’s motions raise the same issues, the Court will address the motions together in the interest of judicial economy. For the following reasons, the motions to stay are GRANTED, and the motions to dismiss are TERMINATED without prejudice to refiling when the stays in these cases are lifted. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§1331 and 1332. BACKGROUND Regeneron manufactures EYLEA, a drug that treats neovascular, or “wet,” age-related macular degeneration. EYLEA is administered by injection, and plaintiffs allege EYLEA must be administered “indefinitely” to be effective. (United Doc. #29 (“United Am. Compl.)

28, 31; Humana Doc. #1 (“Humana Compl.”)

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