SAVIENT

Savient Pharmaceuticals, Inc. (Savient), challenges the structure and actions of a Department of Health Services (Department) program administered by Ramsell Corporation (Ramsell).

“The AIDS epidemic was and continues to be one of the most dangerous of the modem era, killing over half a million Americans as of the end of 2003. Despite the introduction of antiretroviral therapy, AIDS remains the fifth leading cause of death among those ages 25 to 44. Sadly, HIV mortality declines have slowed while, at the same time, AIDS diagnoses have risen.” (John B. v. Superior Court (2006) 38 Cal.4th 1177, 1195 [ 45 Cal.Rptr.3d 316 , 137 P.3d 153 ].)

HIV infection “can be a manageable, though chronic, condition with the use of drugs,” and for “reasons of compassion and cost effectiveness, the State of California has a compelling interest in ensuring that its citizens infected with the HIV virus have access to these drugs.” (Health & Saf. Code, § 120950, subds. (a), (b); further unspecified section references are to this code.)

“The AIDS Drug Assistance Program (ADAP), within the [Department], was established in 1987 to help ensure that HTV-positive uninsured and under-insured…