United States DC Circuit

42 U.S.C. section 1395l(t)(12)(A) precludes review of an equitable adjustment, made pursuant to section 1395l(t)(2)(E), to the Medicare Part B rate at which the government pays hospitals for using plaintiff's product.

Appellate Information

• Argued 12/12/2003
• Decided 02/13/2004
• Published 02/13/2004

Judges

• Before:  HENDERSON and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan L. Abram argued the cause for appellant.   With him on the briefs were Stuart Langbein, William H. Johnson, C. Boyden Gray, Edward C. DuMont, and Andrew R. Varcoe.  Louis R. Cohen entered an appearance., William C. Crenshaw and Anie Elizabeth Wulkan were on the brief for amicus curiae Biotechnology Industry Organization in support of appellant.


• For Appellees:
  
• Sharon Swingle, Attorney, U.S. Department of Justice, argued the cause for appellees.   With her on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, Mark B. Stern and Michael S. Raab, Attorneys, Alex M. Azar II, General Counsel, U.S. Department of Health & Human Services, Henry R. Goldberg, Deputy Associate General Counsel, and Lawrence J. Harder, Supervisory Trial Attorney., Steven A. Zalesin, Eugene Tillman, and Helen G. Kirsch were on the brief for appellee Ortho Biotech Products LP.