BAXTER HEALTHCARE CORP. v. WEEKS

Civil Action No. 08-2204 (JR).

643 F.Supp.2d 111 (2009)

BAXTER HEALTHCARE CORPORATION, Plaintiff, v. Kerry N. WEEKS, Acting Administrator, Centers for Medicare & Medicaid Services, et al., Defendants.

United States District Court, District of Columbia.

August 14, 2009.


Attorney(s) appearing for the Case

Jonathan Abram, Susan Margaret Cook, Hogan & Hartson LLP, Washington, DC, for Plaintiff.

James C. Luh, U.S. Department of Justice, Washington, DC, for Defendants.


MEMORANDUM

JAMES ROBERTSON, District Judge.

Baxter Healthcare Corporation is the manufacturer of Advate, a clotting factor that is used to control and prevent bleeding in hemophiliacs. Baxter claims that the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) have violated the Administrative Procedure Act by treating Advate as a "multiple source drug...

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