HEALTH & LIFE SCIENCES NEWS
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
Contract Pharmacy
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This Week in 340B: May 9 – 15, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy, 340B Covered Entity

  • In two contract pharmacy cases, the parties filed Joint Motions and Proposed Orders requesting that the District Court enter judgment in line with the Third Circuit’s previously-issued decision.
  • The Ninth Circuit has docketed an appeal filed by a covered entity against a prime vendor program and issued the briefing schedule.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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This Week in 340B: May 2 – 8, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy

Where Things Stand:
1. In two cases that were previously dismissed, a state contract pharmacy case and a case against the 340B prime vendor, the plaintiffs each filed a notice of appeal.
2. In one federal contract pharmacy case, the Court issued a Final Judgment.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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This Week in 340B: April 26 – May 1, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: 340B Medicare Payment, 340B Covered Entity, Contract Pharmacy

Where Things Stand:

  • The 340B Covered Entity plaintiff in one case filed a Notice of Motion for Preliminary Injunction to prevent the state agency defendant from taking certain actions.
  • Following the issuance of a mandate by the appellate court, the district court in a contract pharmacy case ordered the parties to submit a joint status report.
  • The district court in a 340B Medicare payment cut case has ordered the case to be further stayed pending the decision in AHA v. Becerra regarding remedies and the parties to file a joint status report on or before July 28, 2023.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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This Week in 340B: April 11 – 17, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: 340B Covered Entity

Where Things Stand:

  • In four Medicare payment cut cases the court ordered the case stayed until the release of a ruling on remedies in AHA v. Becerra.
  • In one contract pharmacy case, three hospital associations filed an amicus brief in support of the government and intervenor appellees arguing that Section 340B does not preempt the applicable state law.
  • A new anti-trust class action case was brought in the Eastern District of Pennsylvania against a large chain of retail pharmacies.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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This Week in 340B: April 4 – 10, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy, 340B Covered Entity

Where Things Stand:

  • The parties in four Medicare payment cut cases filed joint status reports requesting that the cases be stayed until June 5, 2023 in anticipation of HHS’s expected proposed remedy under AHA v. Becerra.
  • In three Medicare payment cut cases the plaintiff hospitals voluntarily dismissed the case.
  • In one state law case, the plaintiff covered entity withdrew their application for preliminary injunction.
  • One state law complaint against a pharmacy was dismissed.
  • One manufacturer informed the Court in a contract pharmacy case that they have revised their contract pharmacy policy, but argued that the revision does not impact their legal arguments.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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This Week in 340B: March 7 – 13, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy, 340B Covered Entity

Where Things Stand:

  • The defendant in a state law case has filed a motion to dismiss the case.
  • The court in a contract pharmacy case involving an anti-trust cause of action granted the defendant’s motion to dismiss.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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This Week in 340B: February 28 – March 6, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy

Where Things Stand:

  • In the consolidated Third Circuit contract pharmacy cases that were decided in January, the court granted HHS’s Motion for a 30-Day Extension of Time to File a Petition for Rehearing En Banc.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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This Week in 340B: February 21 – 27, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy
Where Things Stand:

  • In one contract pharmacy case, the plaintiff-appellant filed its opening brief arguing that Section 340B and the Federal Food, Drug, and Cosmetic Act preempt an Arkansas state law regulating manufacturers’ delivery of 340B-discounted drugs.
  • The district court judge in a state law case involving a 340B covered entity plaintiff has discharged its show cause order.
  • The district court judge in a contract pharmacy case has granted the parties’ joint motion to stay further proceedings in the matter pending HHS’ ongoing rulemaking proceeding relating to the 340B administrative dispute resolution rule.
  • In three contract pharmacy cases that were decided in January, HHS filed an Unopposed Motion for a 30-Day Extension of Time to File a Petition for Rehearing En Banc.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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This Week in 340B: February 7 – 13, 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy; HRSA Audit Process; Medicare Payment Cuts
Where Things Stand:

  • In one contract pharmacy case, the court ordered a stay pending the D.C. Circuit Court’s ultimate decision in Novartis Pharmaceuticals Corp. v. Johnson and United Therapeutics Corp. v. Johnson.
  • The 340B Covered Entity plaintiff in one case asked that the court take specific discovery actions with respect to its challenge of the definition of “patient.”
  • Six Medicare payment cut cases were ordered stayed until May 19, 2023, pending a decision in AHA v. Becerra regarding remedies.
  • In three Medicare payment cut cases, the district court judge has signaled her inclination to transfer the cases to the judge handling most other Medicare payment cut cases, and has asked for the parties to enter any objections to a transfer.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.




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