Judge Throws Out Suit Against Medicare Drug Negotiation

A federal judge on Monday dismissed a lawsuit that the pharmaceutical industry's powerful trade group and allied organizations filed in an attempt to kill Medicare's new drug price negotiation program, which threatens manufacturers' virtually unrestrained power to drive up the prices of lifesaving medicines.
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Judge David Alan Ezra of the U.S. District Court for the Western District of Texas tossed the lawsuit on procedural grounds, ruling that the National Infusion Center Association (NICA)—which does not manufacture or sell prescription drugs—lacked standing to sue.

Because NICA was the only plaintiff based in Texas, Ezra—a Reagan appointee—dismissed the lawsuit, which was joined by Pharmaceutical Research and Manufacturers of America (PhRMA) and the Global Colon Cancer Association. The coalition argued that the Medicare price negotiation program is unconstitutional, a claim that advocates have dismissed as cover for the industry's attempt to protect its profits.

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