Welcome to the Week in Review.

14th Court Victory

In a unanimous decision, the Third Circuit U.S. Court of Appeals rejected Novartis’ challenge and stood with Medicare negotiation, exactly one week after the same court delivered a similar defeat to Bristol Myers Squibb (BMS) and Janssen. The judges — appointees from Presidents Trump, Biden, and Bush — once again upheld the constitutionality of Medicare negotiation, and went one step further to rule that Novartis didn’t have legal grounds to sue. One major component of this case was the amicus brief P4AD submitted on behalf of patients, elevating the testimony of three patient advocates. Despite the back-to-back defeats of their tired legal arguments, the industry continues to funnel lawyers and millions in an attempt to roll back Medicare negotiation, and P4AD will be fighting them every step of the way. — [U.S. Courts, HHS, P4AD, Inside Health Policy, Fierce Pharma, Endpoints News, Bloomberg Law, FirstWord Pharma, Pharma Letter, Law360]

Most Favored Nation letters Deadline Approaches

In late July, President Trump sent letters to 17 large pharmaceutical corporations demanding they take steps to bring drug costs in line with comparable countries as part of his Most Favored Nation (MFN) pricing plan. The September 29th deadline is fast approaching, and in the weeks since, pharma has continued to show their disdain for MFN. Pfizer’s Albert Bourla claimed the letter “asks a lot,” referring to the requirements as a mere starting point for negotiations, and Eli Lilly responded with plans to significantly raise drug prices in Europe without making any commitment to reducing prices in the U.S. Despite this, new reporting this week shows that interest in MFN and other price reforms continues to grow across the aisle on Capitol Hill. P4AD patient advocates raised MFN with their representatives during our fly-in day last week, and our community continues to push for concrete action that will lead to lower prices for American patients. — [White House, President Trump, Axios, CNN, STAT News]

In Case You Missed It

In a New York Times op-ed, FDA Commissioner Marty Makary condemned what he calls “a nonstop bombardment of ads.” Direct-to-consumer (DTC) drug ads are a practice largely unique to the U.S., and are immensely profitable for drugmakers — estimates have found that each 1.5% increase in DTC ad spending is associated with a 10% increase in sales. Commissioner Makary is exactly right when he writes that “the billions of dollars drug companies spend on advertising would be better spent on lowering drug prices for American consumers.” — [New York Times, TIME]

Patient Advocate Spotlight: Ginny Boynton

Condition: Lambert-Eaton Myasthenic Syndrome (LEMS)
Drug: Ruzurgi ($250,000)
Background: Pennsylvania resident and retired lawyer

In her words:
“I’m lucky to have insurance coverage through my husband’s work that helps me afford my medications, but I worry about the strain these prices put on other LEMS patients and the system as a whole. I don’t know how a patient without insurance coverage could afford the astronomical price tag for these drugs.” 

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