Morgan, Lewis & Bockius’ Washington office is being bolstered with the addition of two new partners to join its FDA and Healthcare practice group, the firm announced today.
Stephen Ruscus will concentrate his practice on public health care, government contracts and litigation. Donna Lee Yesner will focus on a similar practice, with an emphasis on pharmaceutical and medical device public sector business.
In 2006, Yesner won a case in the U.S. Court of Appeals on behalf of the Coalition for Government Procurement, a multi-industry association representing more than 300 companies that sell commercial services and products to the federal government, regarding TRICARE rebate claims.
The Coalition argued that a letter the Department of Veterans Affairs sent to drug manufacturers in October 2004 did not follow proper procedures for rulemaking as set forth in the Administrative Procedure Act. The letter required drug manufacturers whose products were covered by the health care benefits program of the Department of Defense to refund the difference between drugs’ wholesale commercial price and their federal ceiling prices.
The court sided with the Coalition, ruling the letter did comprise a substantive rule that was enacted without compliance with procedures required by the APA.
“Donna and Stephen’s strength in federal drug pricing programs and government contracts will further enhance our capabilities on some of the most pressing issues affecting life sciences and healthcare companies,” said Kathy Sanzo, leader of the firm’s FDA and Healthcare practice, in a written statement.
This is the big step for drug manufacturers whose products were covered by the health care benefits program also big step towards wholesale of drugs on commercial price
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