Feldesman Partner Steve Kuperberg was quoted in the 340B Report’s December 23, 2024, edition in the aftermath of a federal judge’s ruling against a 340B contract pharmacy law in West Virginia. Following several legal defeats, the court’s decision signaled the first major legal victory for drug manufacturers as it seeks to prevent states from implementing contract pharmacy protections. Should federal courts continue to split on the issue of 340B contract pharmacy laws, it becomes increasingly likely that the U.S. Supreme Court will hear the case.

Asked for his analysis of the recent ruling in West Virginia, Mr. Kuperberg indicated it was part of a national strategy by drug manufacturers to continue challenging 340B contract pharmacy laws in hopes of eventually gaining traction. By creating dissent among the courts, Mr. Kuperberg agreed that it would bolster the likelihood of drug manufacturers to have their case reach the U.S. Supreme Court. Mr. Kuperberg also emphasized that the court’s decision leaned too heavily into specifics of West Virginia’s enforcement and audit prohibition laws, which limited its applicability to other states evaluating 340B contract pharmacy protection laws. 

We appreciate the opportunity for Mr. Kuperberg to offer insight into these important 340B developments. The 340B Report is a source of news coverage and analysis of the 340B drug discount program. Please click here to read the entire article.