ISSUE

Medicare Drug Negotiation

Enacted in 2022, the Inflation Reduction Act (IRA) includes major provisions to make health coverage more affordable and lower prescription drug costs. It empowers Medicare to negotiate the price of certain single-source, high-priced drugs.

Tracked Litigation

Teva Pharmaceuticals USA, Inc. et al. v. Kennedy et al.

Status: Briefing is ongoing
Date Filed: January 15, 2025
Court: District of Columbia
Goal: Declaration that CMS guidance is unlawful +2 additional goal(s)

Novartis Pharmaceuticals Corporation v. U.S. Department of Health & Human Services et al.

Status: Waiting on a decision:
Appeals at Nos. 24-2510 and 24-2968 Will Be Consolidated for Disposition
Date Filed: October 22, 2024
Court: Third Circuit
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Dayton Area Chamber of Commerce et al. v. Becerra et al.

Status: Oral Argument Scheduled
Date Filed: October 8, 2024
Court: Sixth Circuit
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Novo Nordisk Inc, et al. v. U.S. Department of Health and Human Services et al.

Status: Waiting on a decision:
Appeals at Nos. 24-2510 and 24-2968 Will Be Consolidated for Disposition
Date Filed: August 19, 2024
Court: Third Circuit
Goal: Declaration that CMS guidance is unconstitutional and violates the APA +2 additional goal(s)

Boehringer Ingelheim Pharmaceuticals, Inc. v. U.S. Department of Health and Human Services et al.

Status: Waiting on a decision
Date Filed: August 8, 2024
Court: Second Circuit
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Janssen Pharmaceuticals, Inc. v. Becerra et al.

Status: Waiting on a decision
Date Filed: May 6, 2024
Court: Third Circuit
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Bristol Myers Squibb Co. v. Becerra et al.

Status: Waiting on a decision
Date Filed: May 6, 2024
Court: Third Circuit
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

AstraZeneca Pharmaceuticals LP et al. v. Becerra et al.

Status: Waiting on a decision
Date Filed: May 2, 2024
Court: Third Circuit
Goal: Block the government from applying the IRA to the plaintiff +2 additional goal(s)

National Infusion Center Association et al. v. Becerra et al.

Status: Decision issued
Date Filed: March 14, 2024
Court: Fifth Circuit
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Novo Nordisk et al. v. Becerra et al.

Status: Decision issued
Date Filed: September 29, 2023
Court: New Jersey
Goal: Declaration that CMS guidance is unconstitutional and violates the APA +2 additional goal(s)

Novartis Pharmaceuticals Corporation v. Becerra et al.

Status: Decision issued:
Appeal Filed
Date Filed: September 1, 2023
Court: New Jersey
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

AstraZeneca Pharmaceuticals LP et al. v. Becerra et al.

Status: Appeal Filed
Date Filed: August 25, 2023
Court: Delaware, Wilmington
Goal: Block the government from applying the IRA to the plaintiff +2 additional goal(s)

Boehringer Ingelheim Pharmaceuticals, Inc. v. U.S. Department of Health and Human Services et al.

Status: Decision issued:
Appeal Filed
Date Filed: August 18, 2023
Court: Connecticut
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Janssen Pharmaceuticals, Inc. v. Becerra et al.

Status: Decision issued:
Appeal filed
Date Filed: July 18, 2023
Court: New Jersey
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Astellas Pharma US, Inc. v. U.S. Department of Health and Human Services et al.

Status: Voluntarily Dismissed
Date Filed: July 14, 2023
Court: Illinois Northern
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

National Infusion Center Association et al. v. Becerra et al.

Status: Briefing is ongoing
Date Filed: June 21, 2023
Court: Texas Western
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Bristol Myers Squibb Co. v. Becerra et al.

Status: Decision issued:
Appeal Filed
Date Filed: June 16, 2023
Court: New Jersey
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Dayton Area Chamber of Commerce et al. v. Becerra et al.

Status: Decision issued:
Appeal Filed
Date Filed: June 9, 2023
Court: Ohio Southern
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

Merck et al. v. Becerra et al.

Status: Waiting on a decision
Date Filed: June 6, 2023
Court: District of Columbia
Goal: Block government from enforcing results of negotiation +1 additional goal(s)

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