Geneba Glover v. Philip Morris

Plaintiffs Geneba Glover and James Gil-lins filed suit against cigarette manufacturers Philip Morris USA and Liggett Group under 42 U.S.C. section 1395y(b)(3)(A) of the Medicare Secondary Payer statute (“MSP”). Plaintiffs sought to recover for the Medicare program the cost of certain health care services — “attributable to cigarette smoking” — that were rendered in Florida and allegedly caused by Defendants’ tortious conduct. The district court dismissed Plaintiffs’ complaint for failure to state a claim under Fed.R.Civ.Pro. 12(b)(6), concluding that section 1395y(b)(3)(A) creates no cause of…