AbbVie class action claims company inflates Humira’s list price in US

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AbbVie Humira price class action lawsuit overview: 

• Who: Edward Camargo filed a class action lawsuit against AbbVie Inc. 
• Why: Camargo claims AbbVie has unlawfully inflated the price of its autoimmune, rheumatologic, and gastrointestinal disease drug Humira.
• Where: The class action lawsuit was filed in Illinois federal court.

AbbVie has inflated the price of the autoimmune, rheumatologic, and gastrointestinal disease drug Humira to the point where it is no longer affordable for many patients, a new class action lawsuit alleges. 

Plaintiff Edward Camargo claims AbbVie is defying state laws “prohibiting unfair and unreasonable prices” with its “unfair and unconscionable inflation of Humira’s list (or point of sale) price in the United States.” 

Camargo argues AbbVie is working with pharmacy benefit managers (PBMs) — including CVS Health, Express Scripts, and OptumRX — to “widen a secret spread between AbbVie’s published list prices and the undisclosed net selling prices for Humira.” 

“Knowing that PBM profits are tied to the size of the spread between list price and net selling price, AbbVie has offered the PBMs higher spreads in exchange for preferred positions on the PBMs’ drug formularies,” the AbbVie class action states. 

Camargo wants to represent a nationwide class of consumers who have paid any portion of the purchase price for a prescription of Humira at a price that was calculated by reference to a list price and who had to stop taking the drug after losing insurance coverage. 

AbbVie’s alleged scheme caused Humira to double in price with no corresponding increase in production costs, says class action

Camargo argues AbbVie’s alleged scheme caused the list price for Humira to double during a five year period from January 2015 to January 2020, increasing from approximately $1,700 per month to $3,400 per month. 

This jump in price occurred without any “corresponding material increase in the actual costs of the production,” the AbbVie class action alleges.

“Prices are now so high that despite being prescribed, many Humira patients simply can’t afford it,” the AbbVie class action states. 

Camargo claims AbbVie is guilty of violating laws from a number of states that have a focus on consumer protection, consumer fraud, unfair and/or deceptive trade practices, and unfair competition. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of treble and punitive damages for himself and all class members. 

A separate class action lawsuit was filed against AbbVie in June 2022 by an investor arguing the company made false statements to its shareholders about its rheumatoid arthritis drug Rinvoq. 

Have you purchased prescription Humira at a price that was calculated by reference to a list price? Let us know in the comments! 

The plaintiffs are represented by Steve W. Berman, Craig R. Spiegel, Mark T. Vazquez, Whitney K. Siehl, Thomas M. Sobol, and Hannah W. Brennan of Hagens Berman Sobol Shapiro LLP, and James E. Cecchi and Donald A. Ecklund of Carella Byrne Cecchi Brody Agnello, P.C.

The AbbVie Humira price class action lawsuit is Camargo, et al. v. AbbVie, Inc., Case No. 1:23-cv-02589, in the U.S. District Court for the Northern District of Illinois.

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