PhRMA, J&J, and TrialCard File Amicus Briefs in Support of Pfizer’s US Supreme Court Case

As Pfizer waits on a decision as to whether the US Supreme will take on the company’s case against US anti-kickback laws regarding proposed copay assistance programs, several organizations have entered the fray. PhRMA, Johnson & Johnson, and TrialCard have each filed amicus briefs to the highest court of the land to take on the case, which had been previously blocked by circuit court loss.

According to Fraiser Kansteiner, “Pfizer is asking the high court to decide whether its prospective program to help Medicare patients pay out-of-pocket costs for its tafamidis drugs Vyndaqel and Vyndamax would run afoul of federal anti-kickback laws. Vyndaqel/Vyndamax currently cost $225,000 a year, and, under Medicare’s formula, patients are responsible for a co-pay of about $13,000 per year. Pfizer’s proposed assistance program would lower the out-of-pocket cost to $35 per month, according to the company. The Department of Health and Human Services (HHS) rejected Pfizer’s proposal in 2019, ruling that such an arrangement would violate a criminal ban on financial support to patients for a federally reimbursed healthcare product.”

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(Source: Fierce Pharma, November 15th)