K-V Pharmaceutical Suit Over Makena Drug Revived by Court
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K-V Pharmaceutical Co.’s lawsuit claiming U.S. regulators allowed pharmacies to unlawfully compete with its Makena drug was revived as a federal appeals panel ordered a ruling against the company to be reconsidered.
The U.S. Court of Appeals in Washington, in a one-sentence order today, told U.S. District Judge Amy Berman Jackson to re-evaluate her 2012 decision throwing out K-V’s bid to force the Food and Drug Administration to block compounding pharmacies from producing a cheaper version of Makena, a synthetic form of progesterone used to reduce the risk of premature birth.