Organogenesis Inc. v. Sebelius

Re Document No.: 3, 12

MEMORANDUM OPINION

Granting Defendant’s Motion To Dismiss And Denying Plaintiff’s Motion For A Preliminary Injunction As Moot

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

Plaintiff, Organogenesis, has filed suit against Defendant Kathleen Sebelius, in her official capacity as Secretary of Health and Human Services (“HHS”), challenging under the Administrative Procedures Act (“APA”) the Centers for Medicare & Medicaid Services’s (“CMS”) 2014 final rule packaging the drug Apligraf into payment for the service in which it is applied. Presently before the…