Pereira v. Kozlowski

MEMORANDUM

MERHIGE, District Judge.

This matter is before the Court on both parties’ respective motions for summary judgment. All motions and oppositions have been thoroughly briefed, and there are no material facts in dispute. Therefore, a ruling on the summary judgment motions is appropriate. The Plaintiffs are Natalia Pereira, a three year-old girl with end-stage cardiac dysfunction, by her parents as next friends. The Defendant, Bruce Kozlowski, is Director of the Virginia Department of Medical Assistance Services (“DMAS”) and is sued in his official capacity.

The Plaintiffs challenge the…