This Week in 340B: June 4 – 10, 2024

McDermott Will & Emery

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation. 

Issues at Stake: Contract Pharmacy

  • In five separate stayed cases challenging the Health Resources and Services Administration (HRSA’s) position on 340B contract pharmacy arrangements, the court maintained the stay following the appellate decision in two related cases and ordered a future joint status report.
  • In three related cases regarding a state law governing contract pharmacy arrangements, intervenor-defendant state primary care association filed responses to plaintiff pharmaceutical companies’ notices of supplemental authority. In one of the three cases, defendant state attorney general also filed a response to plaintiffs’ notices of supplemental authority.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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