Keller Rohrback is investigating reports that the manufacturer of the drug, Humira, has been using patent manipulation and other tactics to keep competitors out of the market for years in order to keep the price of its blockbuster drug outrageously high. Humira is a powerful, but very expensive, injectable treatment that is used to treat a variety of complex health issues including rheumatoid arthritis, plaque psoriasis, ankylosing spondylitis, Crohn’s disease, and ulcerative colitis among many others.
If you purchased Humira, were unable to afford Humira or delayed your retirement due to the high price any time since 2016, contact us now to learn more about your legal rights.
According to the New York Times, since 2016, Humira manufacturer AbbVie has been exploiting the U.S. patent system in order to block competitors from entering the market; a tactic that has generated $114 billion in revenue for the company in the last 6 years alone. According to the article, AbbVie has applied for 311 patents, of which 165 have been granted with the majority being filed after Humira was already on the market. This tactic, in tandem with aggressively suing rival drug companies who have tried to create biosimilar treatments has effectively given AbbVie a stranglehold on the market. The retail price of Humira today is now an unbelievable $80,000 per year, and is slated to rise again in 2023! AbbVie exec, Bill Chase explicitly stated that the patent strategy for Humira was designed to “make it more difficult for a biosimilar to follow behind.” Even with insurance the price of Humira can be an incredible burden on end users. In 2021 testimony to a congressional committee investigating drug prices, AbbVie’s chief executive, Richard Gonzalez, said the average Medicare patient had to pay $5,800 out of pocket annually.
While each circumstance is unique, it is well known that the introduction of generic competition can significantly drive down the cost of a drug. According to the FDA, the introduction of just two generic competitors into the market can bring a reduction in price of more than 50% compared to the brand drug prices before the competition. By exploiting the patent system to keep generic competition out, AbbVie is likely making your treatment much more expensive than in needs to be.
According to one analysis, between 2016 and 2019, Medicare spent more than $2.2 billion more on Humira than it would have competitors had been able to start selling generics promptly. So not only is AbbVie causing YOU to pay more for Humira directly, they are shifting the burden of the high prices onto taxpayers!
It is unacceptable that AbbVie has intentionally taken advantage of a broken patent system to squash competition and extend its monopoly to the detriment of consumers.
If you have used Humira, been unable to afford Humira or delayed your retirement due to the high price of Humira any time since 2016, we want to hear from you. Please contact attorneys David Ko and Derek Loeser to discuss your potential claims. Call 800-776-6044 or email [email protected] or use the contact form to the right of this page.
About Keller Rohrback L.L.P.
Keller Rohrback’s Complex Litigation Group has a national reputation as the go-to plaintiffs’ firm for large-scale, complex individual and class action cases. We represent public and private investors, businesses, governments and individuals in a wide range of actions, including securities fraud, fiduciary breach, antitrust, insurance coverage, whistleblower, environmental and product liability cases. Founded in 1919, Keller Rohrback has seven offices across the country in Seattle, Oakland, Santa Barbara, Phoenix, Portland, New York, and Missoula. Over the past century, our firm has built a distinguished reputation by providing top-notch representation.
Keller Rohrback has won verdicts in state and federal courts throughout the nation and have obtained judgments and settlements on behalf of clients in excess of $49.85 billion.
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