Preliminary Injunction In 340B Suit Bodes Well For PBMs In Rebate Suit

The preliminary injunction in favor of Eli Lilly’s lawsuit against a 340B rule could help pharmaceutical benefit managers in a separate legal challenge to HHS’ Medicare Part D rebate-ban rule. Although the two lawsuits are over separate rules issued by separate HHS agencies, they both challenge the way HHS made the rules, the rulemaking procedure behind each rule was similar, and the 340B case appears to be the first time a judge has weighed in that procedure. The U.S. District...