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Drug manufacturer obtains dismissal of Section 340B administrative dispute resolution claim

October 2022

Client(s) Drug manufacturer

Jones Day successfully represented a drug manufacturer in obtaining dismissal of an administrative dispute resolution ("ADR") claim alleging that the manufacturer had overcharged certain "covered entities" eligible for discounted drug pricing under Section 340B of the Public Health Service Act. The U.S. Department of Health & Human Services ADR panel concluded that the ADR claim was barred by the doctrine of collateral estoppel because a federal district court had previously decided the same issue.

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