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BROWN v. THOMPSON

No. CIV.A. 02-891-A.

252 F.Supp.2d 312 (2003)

Jeannette D. BROWN, Plaintiff, v. Tommy G. THOMPSON, Secretary, Department of Health and Human Services, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

March 20, 2003.

Attorney(s) appearing for the Case

Peter A. Cerick, Herndon, VA, for Plaintiffs.

Steven E. Gordon, United States Attorney's Office, Alexandria, Va, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

This Medicare dispute arose when plaintiff, a Medicare beneficiary, received a medical malpractice settlement from a selfinsured health care provider, thereby prompting defendant, Secretary of the Department of Health and Human Services ("Secretary"), to claim a right under the Medicare Secondary Payer Statute ("MSPS")1 to a portion of the settlement fund as reimbursement for Medicare...

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