Comments on Drug Channels: Analysis of AMP Lawsuit Odds

The pharmacies won on Friday when the court grante...

2007-12-15T18:54:00.000-05:00

The pharmacies won on Friday when the court granted a preliminary injunction. Both the AMP rule and the AMP website are on hold indefinitely. What's the impact for manufacturers?

Defining "retail" class of trade" has always been ...

2007-11-19T15:19:00.000-05:00

Defining "retail" class of trade" has always been the key flash point for AMP.

I am not going to comment on the legal arguments here. Instead, I suggest you read Stephen Schondelmeyer's expert report. The key issue is boiled down in paragraph 25 of his report, which states:

"CMS has re-defined the term “retail pharmacy class of trade” to encompass virtually all pharmacies and providers who dispense or administer drugs to the end consumer. This re-definition stands in stark contrast to the use of the term “retail pharmacy class of trade” in the pharmaceutical market."

Adam

What do you think of the arguments that pharmacies...

2007-11-19T14:47:00.000-05:00

What do you think of the arguments that pharmacies make? Their arguments are based on the statute, which says that AMP = prices paid by wholesalers for drugs distributed to the retail pharmacy class of trade. According the complaint, the AMP rule violates this statute because it includes in AMP calculations things like sales to physicians, sales to dialysis centers, sales to hospital outpatient facilities, sales to patients, etc., etc. Are they right?

You’re right, I don’t like your conclusion, but yo...

2007-11-13T11:11:00.000-05:00

You’re right, I don’t like your conclusion, but you make a good legal argument. But what happens if NCPA is right and lots of independents go out of business? Isn’t it "unreparable" if my business closes because of AMP?