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: 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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