Oral arguments previously scheduled for Sept. 14 in drugmaker AstraZeneca’s 340B contract pharmacy lawsuit against HHS and HRSA have been rescheduled for Oct. 18. The U.S. District Court for the District of Delaware announced the new date for arguments on Aug. 24.
The news will certainly frustrate 340B providers that are experiencing growing financial losses in the contract pharmacy setting.
In late June, U.S. Chief District Judge Leonard Stark of the District of Delaware set aside and vacated the U.S. Health and Human Services Department (HHS) general counsel’s Dec. 30 advisory opinion stating that the 340B statute compels drug manufacturers to offer 340B pricing when covered entities use contract pharmacies. The lawsuit now centers on the legality of HRSA’s May 17 violation letter to Astra.
AstraZeneca and the federal government filed dueling briefs in the case in late July arguing why they, and not the other, should prevail.