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US v Pharma Fighting to Protect Medicare Negotiation

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Patients won and now Big Pharma is pushing back.

Major pharmaceutical corporations and their allies have filed ten lawsuits to undermine a historic, system-changing provision within the 2022 Prescription Drug Law: Medicare negotiation.

Medicare negotiation was a huge win for patients and taxpayers and granted Medicare the authority to negotiate prices for up to 60 of the highest-cost drugs that don’t have generic competition. As a result of negotiations, people on Medicare will have access to innovative, life-saving treatments at lower costs to Medicare.

Join us in fighting to protect Medicare negotiation. It’s US v. Pharma, and together, we can defend our hard-fought victory and lower drug prices for patients and families nationwide.

Fighting to Protect Medicare Negotiation

Patients For Affordable Drugs (P4AD) is the only national patient advocacy organization exclusively focused on lowering prescription drug prices. At the core of our mission was securing Medicare negotiation in the 2022 Drug Price Law. Now, with this crucial provision under attack, our mission is clear: fight to protect Medicare negotiation.

And we’re winning. Sixteen times, judges have ruled against Big Pharma and for patients — including rejections of lawsuits from Novartis, AstraZeneca, Bristol Myers Squibb, Janssen, Boehringer Ingelheim, Novo Nordisk, and PhRMA

Despite the pharmaceutical industry’s efforts and the millions of dollars they’ve invested in their cases, we’re gaining ground.

  • U.S. Chamber of Commerce/business groups: Challenge dismissed in federal district court in Ohio in August 2024; the U.S. Court of Appeals for the Sixth Circuit denied their appeal in August 2025.
  • PhRMA and allied groups: Lawsuit dismissed by a federal district court in Texas in February 2024; a separate challenge was also rejected by a federal judge in Texas in August 2025.
  • AstraZeneca: Lost in federal district court in Delaware in March 2024; appeal rejected by the U.S. Court of Appeals for the Third Circuit in May 2025.
  • Boehringer Ingelheim: Lost in federal district court in Connecticut in July 2024; appeal denied by the U.S. Court of Appeals for the Second Circuit in August 2025.
  • Bristol Myers Squibb & Janssen Pharmaceuticals: Lost in federal district court in New Jersey in April 2024; appeal rejected by the U.S. Court of Appeals for the Third Circuit in September 2025.
  • Novo Nordisk: Lost in federal district court in New Jersey in July 2024; appeal rejected by the U.S. Court of Appeals for the Third Circuit in October 2025.
  • Novartis: Lost in federal district court in New Jersey in October 2024; appeal rejected by the U.S. Court of Appeals for the Third Circuit in September 2025.
  • Teva Pharmaceuticals: Challenge rejected by the U.S. District Court for the District of Columbia in November 2025.
  • Merck & Co.: Lost in federal district court in Texas in 2024; appeal currently pending before the U.S. Court of Appeals for the Fifth Circuit.
Reuters
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Fierce Pharma

Medicare Negotiation Impact

In August 2023, the Centers for Medicare & Medicaid Services selected the first 10 Medicare Part D drugs for negotiation. While manufacturers agreed to participate, they also filed lawsuits to block the program. Medicare patients paid $3.9 billion out of pocket for these drugs in 2023, as one in three Americans still struggles to afford their prescriptions.

CMS announced the first negotiated prices in August 2024, which went into effect on January 1, 2026. A second round of 15 drugs followed in 2025, with prices reduced by an average of 62% and taking effect in 2027. A third round of 15 drugs was announced recently, and those lower prices will be released in 2027.

Overall, Medicare negotiation is projected to save nearly $99 billion and prevent more than 656,000 premature deaths over the next decade. Despite this progress, drug companies continue to challenge the program in court.

Our Strategy

Patients For Affordable Drugs has submitted six amicus briefs to support the government’s opposition to the lawsuits and amplify the experiences of patients and ensure the real-world impact of high drug prices is represented in the courtroom:

AbbVie Inc. v. Department of Health and Human Services et al.

Status: AbbVie filed a lawsuit on Feb 13, 2026
Drug: Botox and Botox Cosmetic
Revenue from this drug: $4.4 billion
Medicare patients on this drug: 390,000
I have been receiving Botox for migraines for the past 4 years. My copay is roughly $150. That's quite a bit of money when both my husband and I are retired. We had to sell our home and moved in with our son and daughter-in-law to stretch our finances.
— Patricia - Fremont, NE
I get injections for my neck pain that is so unforgiving and the prescription is just as bad because of its price.
— Nancy - Houston, TX

AstraZeneca Pharmaceuticals LP et al. v. Becerra et al.

Status: AstraZeneca filed for an appeal on Sept 24, 2025
Drug: Farxiga
Revenue from this drug: $7.7 billion
Medicare patients on this drug: 994,000
I am on Medicare and was prescribed Farxiga with a bill of over $600 for a 3-month supply.
— Karen - Pueblo West, CO
I have been on Farxiga, Trulicity, and Ozempic for my diabetes for over 5 years. All are very expensive and I have had to max out my credit cards for my health.
— Cathy - Clinton, IA

Boehringer Ingelheim Pharmaceuticals, Inc. v. U.S. Department of Health and Human Services et al.

Status: Judge ruled against Boehringer Ingelheim on July 3, 2024 and Boehringer Ingelheim appealed ruling on August 8, 2024
Drug: Jardiance
Revenue from this drug: $9.1 billion
Medicare patients on this drug: 1,883,000
My doctor put me on Jardiance which costs $680. At present, I am not on anything to control my blood sugar due to cost.
— Carolyn – Lynchburg, VA

Bristol Myers Squibb Co. v. Becerra et al.

Status: The U.S. Court of Appeals For The Third Circuit unanimously rejected Novartis’ challenge on September 11th, 2025
Drug: Eliquis
Revenue from this drug: $13.3 billion
Medicare patients on this drug: 3,928,000
I am on Social Security and was just prescribed Eliquis. My Eliquis prescription costs me $385 a month. I also have to pay for 11 other prescriptions.
— Donald – Portsmouth, VA
I am required to take Eliquis for my AFIB. If not, I am told by my physician, that I could form a blood clot anywhere but my copay is $254 a month. Who can afford this?
— Patsy – Churchville, VA

Dayton Area Chamber of Commerce et. al. v. Becerra et al.

Status: The 6th Circuit Court of Appeals denied their appeal on August, 6th 2025
Diabetic insulin prices are out of range. My wife can’t retire because I need her insurance to afford insulin. My medicare plan would only cover my meds for 3 months.
— Keith - Hamilton, OH (Jardiance)

Janssen Pharmaceuticals, Inc. v. Becerra et al.

Status: Judge ruled against on April 29, 2024 and Janssen Pharmaceuticals appealed ruling on April 30, 2024
Drugs: Xarelto, Stelara, and Imbruvica
Revenue from these drugs: $24.8 billion
Medicare patients on this drug: 1,364,000

Merck et al. v. Becerra et al.

Status: Waiting for decision
Drug: Januvia
Revenue from this drug: $2.8 billion
Medicare patients on this drug: 843,000
I am a diabetic who has diabetic medicines that are very high. Trulicity, Jardiance, Januvia. As a retired person, I have to decide what I give up to pay these prices. There are times I don't take the drugs to save money.
— Brenda – Fisherville, VA

Novo Nordisk et al. v. Becerra et al.

Status: The U.S. Court of Appeals For The Third Circuit unanimously rejected Novo Nordisk’s challenge on October 6th, 2025
Drugs: Fiasp, Fiasp FlexTouch, Fiasp PenFill, NovoLog, NovoLog FlexPen, and NovoLog PenFill
Revenue from these drugs: $8.03 billion
Medicare patients on this drug: 785,000
I am on a fixed income and I have a lot of out-of-pocket costs. There have been times when I've had my children help me out. I didn't have enough money to pay for my insulin: Novolog, Lantus.
— Kathy - Kalamazoo, MI

Novartis Pharmaceuticals Corporation v. Becerra et al.

Status: Judge ruled against Novartis on October 18, 2024
Drug: Entresto
Revenue from this drug: $7.82 billion
Medicare patients on this drug: 664,000
I am newly on heart medicine called Entresto, which is also a type III or IV tier drug. This costs $725 per month without insurance.
— Vincent – Chandler, AZ
I am also on Entresto for heart failure, and Jardiance for diabetes, which I won't be able to afford either when I reach the 'gap'.
— Loretta – Virginia Beach, VA

Teva Pharmaceuticals USA, Inc. et al. v. Becerra et al.

Status: The U.S. District Court for the District of Columbia rejected Teva Pharmaceuticals’ challenge on November 20th, 2025
Drug: Austedo and Austedo XR
Revenue from this drug: $1.6 billion

National Infusion Center Association, Pharmaceutical Research and Manufacturers of America et al. v. Becerra et al.

Status: Granted standing to pursue its Due Process claim, but not two other claims it originally filed; the U.S. District Court for the Western District of Texas will now hear the case on the merits.

Join the Fight Against Big Pharma

Add your name to join more than 206,000 people and more than 70 groups who are demanding that the CEOs of Boehringer Ingelheim Pharmaceuticals Inc., Bristol Myers Squibb Co., Janssen Pharmaceuticals Inc., Merck, Novartis Pharmaceuticals Co., and Novo Nordisk withdraw their unconscionable lawsuits attempting to block drug price negotiation provisions under the 2022 Drug Price Law.

As concerned patients, citizens, and advocates for affordable drugs, we are outraged by your current legal action to attempt to prevent Medicare from negotiating prices for some of its costliest drugs.

Medicare’s ability to negotiate drug prices is a critical step toward making medications more affordable for millions of Americans, especially seniors and those with limited financial resources. Your actions undermine the fundamental principle that everyone deserves the medication they need at prices they can afford.

Your lawsuits directly oppose the interests of patients and taxpayers who overwhelmingly support Medicare’s ability to negotiate lower drug prices.

We call on you to immediately withdraw your lawsuits against Medicare negotiation.