AstraZeneca building-mounted sign
A federal judge has cleared the way for the federal government to appeal his decision in AstraZeneca's 340B contract pharmacy lawsuit.

Judge Clears Way for Feds to Appeal His Ruling in AstraZeneca’s 340B Contract Pharmacy Lawsuit

A federal district judge on Friday entered his final orders and judgement in AstraZeneca’s 340B contract pharmacy lawsuit, clearing the way for the government to file its anticipated appeal.

Judge Leonard Stark of the District of Delaware closed the first phase of Astra’s case on March 11. He granted two of the drug company’s motions for summary judgement regarding the government’s May 2021 letter telling Astra its conditions on 340B pricing when covered entities use contract pharmacies.

Stark said that the U.S. Health Resources and Services Administration’s (HRSA) letter exceeded the agency’s statutory authority under 340B and was arbitrary and capricious. He sent the letter back to HRSA “for further consideration in light of” his Feb. 16 opinion in the case.

Stark denied Astra’s motion for a declaration that HRSA failed to observe required notice and comment procedures when it issued the letter.

Stark also declined to declare “that the 340B statute does not contain a statutory command requiring AstraZeneca to provide discounts for contract pharmacy sales” and to enjoin HRSA “from taking further impermissible action” against the company.” Astra asked for the declaration and injunction in a Feb. 23 joint status report with the government.

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