HHS Rejects Amgen, Lilly Fight of Clinics in Drug Discount Plan

The US Department of Health and Human Services is asking a federal judge to partially toss a case from pharmaceutical giants that challenges the agency’s decision to allow certain sexually transmitted disease clinics to participate in a federal drug discount program.

Amgen Inc., Eli Lilly & Co., and UCB Inc., failed to exhaust regulatory administrative remedies before initiating this lawsuit, and their claims lack subject matter jurisdiction, the agency said Monday in a partial motion to dismiss filed in the US District Court for the District of Columbia.

At issue before the court is whether HHS lawfully ...