A federal court judge in Ohio denied Friday an attempt by the US Chamber of Commerce to immediately stop the Biden administration’s implementation of Medicare’s new drug price negotiation program.
The ruling was the first time a federal court has weighed in on the multiple lawsuits filed against the controversial program.
The chamber filed a lawsuit in June arguing that allowing Medicare to negotiate drug prices is unconstitutional for several reasons. It then asked for a preliminary injunction to halt the program by October 1, when drug makers have to agree to participate in the program.
“As to Plaintiffs’ motion for a preliminary injunction, they have demonstrated neither a strong likelihood of success nor irreparable harm,” wrote Judge Michael Newman of the US District Court for the Southern District of Ohio, in Dayton.
US based companies develop a lot of useful treatments and drugs. Nationalized health systems in Canada, UK and elsewhere end up paying less than US citizens for the same stuff. US innovation and development has essentially subsidized their ability to pay less than we do for things we created. We’d be better served to pass a law that says Britain’s NHS and Canada’s system can’t be sold any US drug for a single penny less than the highest MSRP paid by random US guy with zero insurance. This forces either the drug companies to lower prices for everyone in the market, or at least makes foreign systems subsidize more of the drug development cost.