Third Circuit Mulls Excessive Takings, Drug Selection Arguments In IRA Suit

By Gabrielle Wanneh / April 8, 2025 at 7:05 PM

Judges for the Third Circuit Court of Appeals remain skeptical that the penalties drug companies stand to face should they choose not to participate in the Medicare drug price negotiation program are akin to the government invoking a taking of a company’s patented drug products.



Not a subscriber? Sign up for 30 days free access to exclusive, detailed reporting on drug pricing reforms, Medicaid policy, FDA news and much more.