Richie Davis and Michael French Quoted in 340B Report Article About Johnson & Johnson Lawsuit Challenging Federal Stance on 340B Rebates
Richie Davis and Michael French, attorneys in the Quarles & Brady Health & Life Sciences Practice Group, were quoted in a 340B Report article that discussed a lawsuit filed by Johnson & Johnson (J&J) against the U.S. Department of Health and Human Services (HHS) and the Health Resources and Services Administration (HRSA) that challenges the federal stance on 340B rebates. This comes as a test to the incoming Trump administration on its policy for 340B rebates.
An excerpt:
“It’s possible that J&J thinks there will be a more manufacturer-favorable environment in Washington going forward,” said Richard Davis, partner at Quarles, which represents 340B providers and other program stakeholders. “We see a lot of that in the complaint, where J&J spends considerable time laying out the policy arguments behind its position.”
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While J&J’s lawsuit makes multiple legal arguments to defend its 340B rebate model, it appears more “advocacy-focused” than many other lawsuits, said Michael French, associate at Quarles.
“The complaint includes not just the legal rationales for J&J’s proposed rebate model, but also detailed sections on the reported justification of that model,” French said. “It definitely seemed that J&J and its counsel were aware that this complaint was going to be widely read by 340B stakeholders across the board, and used it, at least partially, as a vehicle to lay out broader arguments for a rebate model.”