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PFIZER, INC v. UNITED STATES DEPARTMENT OF HEALTH

Docket No. 21-2764-cv August Term, 2021.

42 F.4th 67 (2022)

PFIZER, INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Xavier Becerra, in his official capacity as Secretary of Health and Human Services, United States Department of Health and Human Services Office of the Inspector General, Christi A. Grimm, in her official capacity as Principal Deputy Inspector General of and Senior Official in the United States Department of Health and Human Services Office of Inspector General, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 25, 2022.

Attorney(s) appearing for the Case

Douglas Hallward-Driemeier , Ropes & Gray LLP, Washington, DC ( Samantha Barrett Badlam , Ropes & Gray LLP, Washington, DC; Joan McPhee , Ropes & Gray LLP, New York, NY; Ilana H. Eisenstein , DLA Piper LLP, Philadelphia, PA, on the brief), for Plaintiff-Appellant;

Rebecca S. Tinio ( Benjamin H. Torrance , on the brief), for Damian Williams, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.

Before: Pooler, Sack, and Nathan, Circuit Judges.

Pfizer, Inc. produces and sells a drug called tafamidis, which treats a rare, progressive heart condition known as transthyretin amyloid cardiomyopathy ("ATTR-CM"). Tafamidis is considered a breakthrough treatment — it is currently the only drug approved by the United States Food and Drug Administration ("FDA") to treat...

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