PhRMA's Loss in Drug Pricing Suit Eased by Focus on Jurisdiction

Healthcare attorney Melissa Wong was quoted in a Bloomberg Law article about the dismissal of a lawsuit by the leading pharmaceutical industry trade group challenging a government drug price-setting program. The lawsuit from the Pharmaceutical Research and Manufacturers of America (PhRMA), National Infusion Center Association and Global Colon Cancer Association was rejected by the U.S. District Court for the Western District of Texas because of the court's lack of jurisdiction to handle the case. Ms. Wong commented that because the dismissal related to subject matter jurisdiction instead of the constitutional issues raised by PhRMA and its allies, the case will continue.

"This is a positive development for the government, but their victory is tempered by the fact that the dismissal was based on a lack of subject matter jurisdiction and lack of venue versus the true merits of the arguments we expect manufacturers to make," said Ms. Wong.

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