Benson v. Sebelius

MEMORANDUM OPINION

Denying The Plaintiff’s Motion For Summary Judgment; Granting the Defendant’s Cross-Motion for Summary Judgment

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

The plaintiff, as the survivor and administrator of his mother’s estate, received a $90,000 settlement for a wrongful death and survival action that he had previously commenced in a Pennsylvania state court. Before her death, the plaintiffs mother’s medical care was paid for by Medicare, a federal program administered by the Centers for Medicare and Medicaid Services (“CMS”) of the Department of Health and Human…