Colorado Department of Regulatory Agencies updates Joint Budget Committee on litigation costs
According to a March 12, 2025 memo from Colorado's Department of Regulatory Agencies to its Joint Budget Committee said the state had paid more than $150,000 defending itself in a lawsuit Amgen had filed over plans to set an upper payment limit on its rheumatoid arthritis treatment, Enbrel. The drugmaker alleged that the board’s decision on Enbrel conflicted with federal laws and violated the company’s rights to due process.
A federal judge dismissed Amgen's lawsuit on March 28, saying that "the economic injuries alleged by Amgen are too speculative and too attenuated to support standing in this case," but Amgen is free to file suit again when it can show harm.
Colorado's Prescription Drug Affordability Board will be holding Upper Payment Limit rulemaking hearings for three drugs in 2025: Enbrel, Stelara, and Cosentyx.