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.

person in business suit facing open doorways that lead straight to a brick wall conveying "no exit" concept.
Two of three Third Circuit judges seemed open to industry's arguments that Medicare's price negotiation program violates the Fifth Amendment and the Unconstitutional Conditions Doctrine. (Shutterstock)

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