STAT+: Pharmalittle: We’re reading about a Medicare price-negotiation ruling, pharma’s slipping reputation, and more
Rise and shine, everyone, another busy day is on the way. We can tell thanks to the never-ending parade of motor cars passing outside our window and the joyous sounds of our official mascots, who are barking at various creatures nearby. As for us, we are immersed in the usual rituals, starting with heating the coffee kettle for another cup of stimulation. Today, our choice is vanilla cinnamon, for those tracking this sort of thing. Although we never mind drinking alone, you are invited to join us. Meanwhile, here is the latest menu of tidbits for you to peruse. We hope that your day is meaningful and productive, and that you will keep in touch when you hear something saucy. …
A U.S. judge dealt a blow to two drugmakers challenging the authority for Medicare to negotiate the prices of prescription drugs, ruling that the program is constitutional, STAT tells us. The challenge, which was brought by Bristol Myers Squibb and Johnson & Johnson, argued the program created in the Inflation Reduction Act is an unconstitutional confiscation of their drugs by the government, a violation of their right to freedom of speech, and an unconstitutional condition to participate in the Medicare program. But U.S. District Court Judge Zahid Quraishi, a Biden appointee, ruled the companies failed to show they are legally compelled to sell drugs to Medicare patients.
Now, though, the National Infusion Center Association, the Global Colon Cancer Association, and the Pharmaceutical Research and Manufacturers of America will go before the U.S. Court of Appeals for the Fifth Circuit in a bid to restore their case against the Medicare drug price-setting program, Bloomberg Law writes. A key issue is whether they have standing to challenge the program’s constitutionality. A lower court in February dismissed the case for lack of jurisdiction and improper venue but did not address whether the groups have or will face harm in order to bring the challenge. The expedited case is the first to reach an appeals court among the slew of lawsuits against the program.
Continue to STAT+ to read the full story…
