In June of 2023, Merck filed its lawsuit against CMs over IRA drug negotiations alleging that this provision of the IRA is akin to an unlawful taking under the Fifth Amendment of the Constitution. Since that time Astra Zeneca, Boehringer Ingelheim, Bristol Myers Squibb, Johnson & Johnson, Novartis, and even PhRMA have filed similar lawsuits. Despite the filing of these suits, many of the plaintiff manufacturers are still participating in the IRA pricing negotiations. In this highly anticipated session as our speakers will provide an analysis of these suits and their significance:

• Overview of all the cases filed against the US government
  • What is still pending?
• Understanding what an unlawful taking is and why pharma companies claim that their constitutional rights are being infringed upon
• Analyzing the implications if pharmaceutical companies win
  • How will this change the IRA implementation
  • What are the benefits and consequences of this?
• Assessing the consequences if the US government wins the case
  • What does this mean for IRA implementation
  • Is it likely that the case will be appealed and ultimately go to SCOTUS?