Legal Opinion

Pharmaessentia USA Corporation v. United States Department of Health and Human Services

District Court, District of Columbia

Decided September 29, 2025No. Civil Action No. 2024-3346Published

1Opinion of the Court

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PHARMAESSENTIA USA CORP., Plaintiff, v. Case No. 1:24-cv-03346 (TNM) DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants. MEMORANDUM OPINION PharmaEssentia USA, a drug manufacturer, challenges the Centers for Medicare and Medicaid Services’ (CMS) conclusion that it did not qualify as a “Specified Small Manufacturer.” That decision denied PharmaEssentia the ability to gradually phase in drug discounts the Inflation Reduction Act (IRA) mandates. The governing statutory scheme is complex, but the dispute is not. The parties agree…

2Cases cited28 opinions

  1. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  2. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  3. Kisor v. WilkieSupreme Court of the United States · 2019
  4. Amer Bioscience Inc v. Thompson, Tommy G.Court of Appeals for the D.C. Circuit · 2001
  5. Public Citizen, Inc., Aviation Consumer Action Project, and Families of Pan-Am 103/lockerbie v. Federal Aviation AdministrationCourt of Appeals for the D.C. Circuit · 1993

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