US v Pharma
Fighting
to Protect Medicare Negotiation
US v Pharma Fighting to Protect Medicare Negotiation
Fighting to Protect Medicare Negotiation
Patients For Affordable Drugs (P4AD) is the only national patient advocacy organization exclusively focused on lowering prescription drug prices. At the core of our mission was securing Medicare negotiation in the 2022 Drug Price Law. Now, with this crucial provision under attack, our mission is clear: fight to protect Medicare negotiation.
However, Big Pharma is not going down easy. Several major drug companies have launched aggressive lawsuits seeking to dismantle the law and maintain their grip on drug pricing. These lawsuits threaten millions of patients whose drug costs are out of control and who would feel relief from Medicare negotiation.
Despite the pharmaceutical industry’s efforts and the millions of dollars they’ve invested in their cases, we’re gaining ground.
- The Court of Appeals for the Third Circuit affirmed the district court’s dismissal of AstraZeneca’s challenges in May 2025
- A district judge in New Jersey rejected Novartis’ lawsuit in October 2024.
- A district judge in Ohio dismissed the case brought by various Chambers of Commerce in August 2024.
- A federal judge in New Jersey ruled against Bristol Myers Squibb and Janssen Pharmaceuticals in their cases in April and against Novo Nordisk in its case in July 2024.
- A federal judge in Connecticut ruled against Boehringer Ingelheim’s legal challenge in July 2024.
- A federal judge in Delaware ruled against AstraZeneca in its case in March 2024.
- A federal district judge in Texas dismissed a similar lawsuit from the industry lobby Pharmaceutical Research and Manufacturers of America (PhRMA) in February 2024.
- A district judge in Ohio ruled against the U.S. Chamber of Commerce’s case in September 2023.
That’s nine times that a judge has ruled against pharma and for patients!
As we continue to push forward, it’s clear that our efforts are making a difference. But the fight is far from over, and we need your help to ensure that patients take precedence over corporate profits.
The Impact
In August 2023, the Centers for Medicare and Medicaid Services published the first 10 drugs covered under Medicare Part D selected for negotiation. All of the drug companies that make these medications agreed to participate in negotiations, while simultaneously filing lawsuits against the federal government to stop this program from going into effect.
People on Medicare paid $3.4 billion in out-of-pocket costs for these drugs in 2022. Meanwhile, Big Pharma’s pockets were padded as they spent more on stock buybacks and dividends than they did on research and development, even as nearly three in ten people in the United States struggle to afford their medications because of cost.
On August 15th 2024, the new lower list prices for the first 10 drugs negotiated by Medicare were announced. Then, on January 17, CMS announced the next 15 drugs selected for Medicare negation. Patients have fought tirelessly for these reforms, but Pharma isn’t backing down. Despite agreeing to negotiations, drug companies continue to fight in court to block lower prices. We can expect them to keep using lawsuits to protect their profits at the expense of patients. For drug by drug prices visit our Medicare Negotiation site.