Boehringer Ingelheim Pharmaceuticals, Inc. V. United States Department Of Health And Human Services Et Al
Summary: Boehringer Ingelheim Pharmaceuticals, Inc. (BI) has initiated legal proceedings against the U.S. Department of Health and Human Services (HHS), its Secretary Xavier Becerra, the Centers for Medicare and Medicaid Services (CMS), and CMS Administrator Chiquita Brooks-LaSure. The lawsuit is a reaction to the "Drug Price Negotiation Program" implemented by the Inflation Reduction Act (IRA). BI contends that this program, which mandates manufacturers to offer their drugs to Medicare beneficiaries at rates below the market price, disrupts the necessary incentives for the creation of innovative medications in the future. The legal dispute centers on Jardiance®, a drug developed by BI to decrease blood sugar levels in adults with type 2 diabetes and to mitigate the risk of cardiovascular death. BI asserts that the program infringes upon its constitutional and statutory rights in multiple ways. These include a violation of the Due Process Clause of the Fifth Amendment, an unconstitutional seizure of BI’s property without fair compensation, a forced violation of BI’s speech rights under the First Amendment, the imposition of excessive fines in contravention of the Eighth Amendment, a breach of the unconstitutional conditions doctrine, and a failure to adhere to mandatory procedures as stipulated by the Administrative Procedure Act and the Medicare statute. BI is requesting the court to affirm that the program infringes upon its rights as protected by the First, Fifth, and Eighth Amendments. The lawsuit also seeks declaratory and injunctive relief under U.S. law. The case, bearing the number 3:23-cv-01103, was lodged on August 18, 2023, in the United States District Court for the District of Connecticut.
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