Merck Files First IRA Suit, Signaling Industry Is Ready To Fight
Coming less than three months before the statutory deadline for CMS to publish the initial list of drugs, Merck’s lawsuit calls US Medicare drug price negotiations ‘extortion’ in a complaint that could be the first of more legal pushback to follow.
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Ahead of Friday’s hearing on US Chamber of Commerce's suit against HHS, attorneys discuss potential remedies and carveouts to Inflation Reduction Act's drug price negotiation provisions, harms to industry that may support a preliminary injunction, and what would prompt Supreme Court review.
A case involving a tax that was an “exceedingly heavy burden” and played into the Supreme Court’s original ruling on the ACA could reemerge once the IRA challenge reaches the high court.
Merck & Co. requested a swift summary judgment in the Medicare drug price negotiation case it filed in Washington DC, while the US Chamber of Commerce filed for a preliminary injunction.