ERR NEG. Their studies are skewed.
Feldman 21 (Robin C, Arthur J. Goldberg Distinguished Professor of Law at the University California Hastings College of the Law, Fall 21, “THE PRICE TAG OF ‘PAY-FOR-DELAY’,” The Columbia Science & Technology Law Review, Volume 23, https://heinonline-org.libproxy.law.umich.edu/HOL/Page?handle=hein.journals/cstlr23&div=2&id=&page=&collection=journals, dhiya)
The results show that between 2006 and 2017, the cost of pay-for-delay settlements on the Medicare Part D program ranged from $2.3 billion per year to $13.5 billion per year based on list price, and ranged from $303 million per year to $1.5 billion per year based on patient out-of-pocket costs. During the same time period, the cost of pay-for-delay settlements on the U.S. population ranged from $6.2 billion to $37.1 billion per year based on list price, and $619 million per year to $2.9 billion per year based on patient out-of-pocket costs.
By contrast, the FTC's estimate of the cost of these settlements was $3.5 billion per year. If one compares the FTC's figure to the study's estimate of the annual cost of pay-for-delay settlements, it is clear that the consequences of these deals on purchasers are drastically underestimated in the older FTC report. The lower end of the range the study calculated for the cost of these deals on the U.S. population, based on list price, $6.2 billion, is nearly twice that of the $3.5 billion calculated by the FTC. To put this number into perspective, $6.2 billion is roughly 2% of the average U.S. annual spending on drugs, and the average of this cost range, $19.2 billion, is roughly 7% of the average U.S. annual spending on drugs.