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
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This Week in 340B: December 17, 2024 – January 6, 2025

Find updates on 340B litigation from December 17, 2024 – January 6, 2025 to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker.

Issues at Stake: HRSA Audit Process, Contract Pharmacy; Other

  • In a Health Resources and Services Administration (HRSA) audit process case, the government filed a brief in opposition to the plaintiff’s motion for preliminary injunction and the plaintiff filed a reply brief in support of the same motion.
  • In four HRSA audit process cases, the plaintiffs filed responses to the defendants’ motions to dismiss and briefs in opposition to Johnson & Johnson Health Care System Inc.’s motions for leave to file as amicus curiae.
  • In an appealed case challenging a proposed state law governing contract pharmacy arrangements, the appellants filed their opening brief.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, plaintiffs filed a second amended complaint under seal with jury demand. Additionally, defendants filed an answer and defenses to plaintiffs’ second amended complaint
  • In a case challenging HRSA’s policy prohibiting manufacturer rebate models, defendants filed a consent motion to [...]

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This Week in 340B: March 19 – 25, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation. Get more details on these 340B cases and all other material 340B cases pending in federal and state courts with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

Issues at Stake: Contract Pharmacy; Medicare Payment; Drug Manufacturer; Other

  • In two related cases regarding a state law governing contract pharmacy arrangements, plaintiff pharmaceutical companies filed responses to defendant state attorney general’s notices of supplemental authority.
  • All plaintiffs in one Medicare payment cut case voluntarily dismissed the case.
  • In a case challenging the New York Department of Health’s 340B Carveout plan, the Defendants filed a memorandum of law in further support of their cross-motion to dismiss the complaint.
  • In a breach of contract claim filed by a 340B Covered Entity against several related party Medicare Advantage plans, the Medicare Advantage plan defendants filed a Motion to Stay Discovery.
  • A drug manufacturer filed suit against a state agency alleging, among other things, that a certain state law requiring manufacturers to make 340B drugs available to any and all pharmacies entering into a contractual relationship with a covered entity is preempted by federal law.



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This Week in 340B: August 2 – 7, 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 of more than 50 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, Drug Manufacturer

  • The appeal court mediator scheduled a mediation session with the appellee who is a prime vendor program in a case against a covered entity.
  • In a case involving the definition of “patient”, the court set filing deadlines for the parties on August 3, 2023 and various drug manufacturers filed motions for leave to file Amici Curiae briefs in support of HHS on August 4, 2023.

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




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