Case Caption: In re Camargo v. AbbVie, Inc.
Court: United States District Court for the Northern District of Illinois
Case Number: 1:23-cv-02589
Judge: Honorable John Robert Blakey
Plaintiff: Edward Camargo, Judith Mandel, Simone Nazareth and Bonnie Goltz
Defendant: AbbVie, Inc.
Class Period: TBD
Plaintiffs assert claims on behalf of individuals who paid artificially inflated prices for the blockbuster rheumatoid arthritis drug Humira, as a result of an unlawful scheme by AbbVie, the manufacturer of Humira, and pharmacy benefit managers (“PBMs”). Plaintiffs assert claims under various state consumer protection statutes, alleging that AbbVie deceptively and unfairly manipulated the published, list prices for Humira in order to funnel large kickbacks to the PBMs. The alleged kickbacks were in the form of rebates to the PBMs and were provided by AbbVie in exchange for more favorable placement on the PBMs’ formularies. Individuals, like Plaintiffs, thus were forced to bear inflated costs for a drug that can cost as much as $72,000 a year. Meanwhile, Defendant’s scheme generated substantial revenue for both AbbVie and the PBMs.
Plaintiffs filed an amended complaint on July 28, 2023. AbbVie filed a motion to dismiss on September 1, 2023, which has been fully briefed and is pending before the Court.