Jan 16 (Reuters) - Mylan has agreed to pay $73.5 million

to settle a class action lawsuit by drug wholesalers accusing

the drugmaker of scheming to overcharge them for EpiPen allergy

treatment devices.

The preliminary settlement, filed on Wednesday night in

federal court in Kansas, requires approval by U.S. District

Judge Daniel Crabtree.

Drug wholesalers including KPH Healthcare and FWK Holdings

said Mylan conspired with Pfizer ( PFE ) to delay launching a generic

EpiPen, causing commercial and other buyers to pay more for the

life-saving device. Mylan is now part of Viatris ( VTRS ).

Mylan did not admit to any wrongdoing, and neither did

Pfizer ( PFE ), which settled related claims from the drug wholesalers

for $50 million in 2023.

A representative for Mylan and attorneys for the wholesalers

did not immediately respond to requests for comment.

EpiPens are handheld devices that allow users experiencing

life-threatening allergic reactions to automatically inject a

dose of epinephrine.

Mylan, which owns the rights to market and distribute EpiPen

devices, raised the price of a pair of EpiPens to $600 from $100

in 2008, spurring lawsuits from wholesalers and others. Pfizer ( PFE )

manufactured the EpiPen for Mylan.

Crabtree in December denied a pretrial bid by Mylan to

narrow the lawsuit.

Nearly 80 drug wholesalers are part of the settlement class,

court papers show. The class period includes purchases beginning

in 2014.

The plaintiffs attorneys said they plan to seek up to about

33% in fees from the settlement fund, or about $24.5 million.

A group of consumers in 2021 reached a $345 million

settlement with Pfizer ( PFE ) over related claims, Mylan reached a $264

million settlement with consumers and insurers in 2022.

The case is KPH Healthcare Services Inc v. Mylan NV, U.S.

District Court for the District of Kansas, No. 2:20-cv-02065.

For plaintiffs: Michael Roberts of Roberts Law Firm; and

Linda Nussbaum of Nussbaum Law Group

For Mylan: Adam Levin of Hogan Lovells

Read more:

Pfizer ( PFE ) to pay $50 mln to settle drug wholesalers' EpiPen

antitrust claims

US Supreme Court spurns Sanofi appeal to revive EpiPen suit

against Viatris ( VTRS )