Manatt Health Partner Helen Pfister is quoted in Bloomberg Law discussing potential legal action by drugmakers after the Health and Human Services Department (HHS) withdrew its 340 program advisory opinion, citing “the interest of avoiding confusion and unnecessary litigation” as its reason.
The publication noted that attorneys say it remains an open question as to how lawsuits around the 340B program will play out. “There’s no guarantee at the end of this, all courts will come out in the same place,” Pfister explained, and added that it will be quite a while before we see the end of this. For the HHS, pulling the opinion marks “their effort to take one of the issues off the table when it comes to litigation,” Pfister said. “It’s one less thing they have to focus their energies on litigating.”
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