Bradley v. Seblius 11th Ct. Court of Appeals
Bradley v. Sebelius, 09-13765
In plaintiffs’ appeal from the Secretary of Health and Human Services’ decision that it was entitled to a portion of a settlement of an underlying action against a Florida nursing home for neglect and abuse as a Medicare recoupment, judgment for the Secretary is reversed where, under Florida law, all loss of consortium or companionship recoveries were the property of the person who incurred the loss, and a claim for medical expenses belongs only to the estate.
- Decided 09/29/2010
- Published 09/29/2010
- James C. Hill
- United States Eleventh Circuit