Judge rules against Boehringer Ingelheim in pharma’s latest legal loss on Medicare negotiation

WASHINGTON — A federal judge ruled against Boehringer Ingelheim’s challenge to the new Medicare drug price negotiation program, handing the pharmaceutical industry its latest in a string of legal losses.

The company had argued before the U.S. District Court of Connecticut that the drug pricing law was unconstitutional under four different parts of the Constitution, and also that Medicare officials had violated procedural laws. Judge Michael Shea ruled against Boehringer Ingelheim on each point in a decision published late Wednesday.

A spokesperson for Boehringer Ingelheim said the company is “disappointed by this ruling and what it means for biopharmaceutical innovation.” The company’s diabetes drug Jardiance was one of the first medicines selected for the negotiation program.

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