Benson v. Sebelius

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA GLEN N. BENSON, : : Plaintiff, : Civil Action No.: 09-1931 (RMU) : v. : Re Document Nos.: 12, 13 : KATHLEEN SEBELIUS, : Secretary of the Department of : Health and Human Services, : : Defendant. : MEMORANDUM OPINION DENYING THE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; GRANTING THE DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT 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…