Abbott/AbbVie Pay $25 Million in Off-Label Case
Abbott Laboratories and its spin-off AbbVie have agreed to pay $25 million to resolve allegations that they used kickbacks and off-label marketing and promotion efforts to induce physicians to prescribe cholesterol drug TriCor (fenofibrate tablets). According to the Justice Department, between 2006 and 2008 Abbott knowingly paid kickbacks to physicians and provided them with improper gift baskets, gift cards, and other items to induce TriCor prescriptions. “Abbott also engaged health care providers for consulting services and speaking engagements, where one purpose of the remuneration for the programs was to induce or reward physicians for TriCor prescriptions,” the government says.
The government notes that the FDA-approved indications for TriCor during this time period were for use, in conjunction with diet, in treating patients with hypertriglyceridemia, mixed dyslipidemia, or hypertriglyceridemia. “However, Abbott marketed the drug off-label for: (1) use in treating, preventing, or reducing cardiovascular events and other cardiac health risk; (2) use in combination with statin drugs, and (3) use as a first-line treatment of diabetic patients, including treatment to prevent or reduce cardiac health risks in diabetic patients,” it says. These uses were not FDA-approved and were not covered by federal healthcare programs.
The qui tam whistleblower suit was brought by former Abbott sales representative Amy Bergman, who will receive $6.5 million as her share of the recovery in the case.