Eli Lilly & Co. v. Becerra
On May 15, 2025, the District Court for the District of Columbia granted summary judgment and embraced HRSA’s position that drug manufacturer Eli Lilly cannot use a cash-replenishment model to provide 340B pricing to certain covered entities. The decision was a setback for WLF, which filed an amicus brief contending that HRSA’s rejection of Eli Lilly’s cash-replenishment model improperly expands 340B’s well-intended cost-reduction program far beyond anything its statutory text can sustain. WLF’s amicus brief was prepared with generous pro bono assistance from Thad Westbrook and Jeff Wald of Nelson Mullins.
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