Two of the three judges hearing the appeal from Bristol Myers Squibb Co. and Janssen Pharmaceutical Cos. of their consolidated lawsuits against the Medicare drug price negotiation program seemed to agree with the drug companies that the law does not offer manufacturers a true option of not participating.
IRA Litigation: Pharma’s Exit Options Irk Third Circuit Judges
Two of three appeals court judges hearing Bristol Myers Squibb and Janssen’s appeal questioned whether Medicare’s drug price negotiation program was truly structured in a way that gives manufacturers a choice not to participate.
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