A district court judge in Delaware issued an opinion denying the government’s motion to dismiss a lawsuit regarding a December 2020 Advisory Opinion issued by the Health and Resource Service Administration (HRSA). The judge concluded that the 340B statute is silent as to the treatment of contract pharmacies, and that both the government and the plaintiff drug manufacturer offered reasonable interpretations of the statute. The parties’ motions for summary judgment remain pending, and the judge has asked the parties to opine on the appropriate relief to be awarded to AstraZeneca.
