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

Docket No.
District Court
Connecticut, New Haven


  • Block government from enforcing results of negotiation
  • Declaration that provisions are unconstitutional

Litigation Content

Why this Matters:

The plaintiff argues that the Inflation Reduction Act’s Medicare drug negotiation process violates the Due Process Clause of the Fifth Amendment, Takings Clause of the Fifth Amendment, First Amendment, Eighth Amendment, Unconstitutional Conditions doctrine, and the Administrative Procedure Act. Medicare’s authority to negotiate the price of certain single-source, high-priced drugs is estimated to result in substantial savings for Medicare beneficiaries and the federal government.

Potential Impact:

Successful challenges to Medicare’s negotiation authority would negate savings to Medicare beneficiaries and taxpayers, and could severely restrict federal regulatory authority in the health care arena.