Louisiana Federal Judge Rejects CMS's Subrogation Of Malpractice Settlement

NEW ORLEANS - A judge in the U.S. District Court for the Eastern District of Louisiana on May 21 denied a motion for partial summary judgment by the U.S. Department of Health and Human Services (DHHS) and the Centers for Medicare and Medicaid Services (CMS) seeking to recover a portion of a medical malpractice settlement the family of a Medicare beneficiary received for services covered under Medicare (Kristen B. Sorrell, et al. v. Lakeview Regional Medical Center, et al.,  No. 11-3084, E.D. La.; 2012 U.S. Dist. LEXIS 70519).

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