IRA Litigation Hurdles Clarified With Ruling In Chamber Of Commerce Suit

 
• By Brenda Sandburg
  
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Drug manufacturers will have to participate in the Medicare drug price negotiation process for the foreseeable future. Judge Newman's finding that participation in Medicare is voluntary could defeat constitutional challenges to the program and have an impact on other cases. 

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Drug makers face difficulties in legal battle over Medicare drug price negotiation program • Source: Shutterstock

A district court judge shot down the US Chamber of Commerce's attempt to halt the Medicare drug price negotiation program and indicated that it would have difficulty winning a ruling that the program is unconstitutional. While other courts could come to different conclusions, this first major decision gives an indication of the hurdles that manufacturers face in other cases challenging the program. 

In a 29 September order, Judge Michael Newman of the US District Court for the Southern District of Ohio...

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