Hagens Berman has filed a nationwide class-action lawsuit against drug manufacturers AbbVie and Amgen for violating the antitrust laws, delaying the introduction of lower priced biosimilar competitors to the prescription drug Humira, and causing overcharges for prescriptions of Humira.
DRUG PAY-FOR-DELAY EXPLAINED
AbbVie’s drug Humira has been the best-selling drug in the United States for six years running, bringing in more than $13.6 billion in sales in the U.S. in 2018 alone and nearly $20 billion worldwide.
The original patent on Humira expired in late 2016, which, under normal circumstances, would have led to competition for Humira prescriptions from manufacturers of lower cost biosimilar drugs. But AbbVie went to illegal means to prolong its monopoly, delaying biosimilar competitors and keeping its revenue source from running dry.
AbbVie paid a potential competitor to delay entry. At least nine companies have indicated an intent to market biosimilars to compete with Humira. Three currently have approval from the FDA. But none have launched. AbbVie provided Amgen with exclusivity by agreeing not to allow other generics to enter the market within five months of Amgen, granting it five months as the only biosimilar on the market and enabling it to charge higher prices and realize hundreds of millions of dollars in higher profits than it would if it faced competition during this period.
HEALTH PLAN AND INSURERS' RIGHTS
The pay-for-delay deal between AbbVie and Amgen was anticompetitive and unlawful. The lawsuit seeks reimbursement for overcharges for Humira prescriptions that entities paid due to AbbVie and Amgen’s unlawful, anticompetitive conduct.
The suit seeks to stop AbbVie’s and Amgen’s unlawful conduct in delaying biosimilar competition for Humira until 2023. The suit also seeks damages on behalf of all entities in the following states who indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of Humira, other than for resale, from Dec. 31, 2016 through the present: Alaska, Arizona, California, Connecticut, the District of Columbia, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia and Wisconsin. The suit's named plaintiff is the Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund.
TOP PLAINTIFFS RIGHTS FIRM
Hagens Berman is one of the most successful litigation law firms in the U.S. and has achieved more than $260 billion in settlements against Big Pharma, tobacco companies, automakers, big banks and others. Your claim will be handled by attorneys experienced in consumer and pharmaceutical law.
NO COST TO YOU
There is no cost or fee whatsoever involved in joining this case. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class' legal team. In no case will any class member ever be asked to pay any out-of-pocket sum.
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