Legal Opinion

Tangney v. Burwell

District Court, D. Massachusetts

Decided May 10, 2016No. CIVIL ACTION NO. 14-14149-WGYPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM & ORDER

YOUNG, District Judge

I. INTRODUCTION

Elizabeth Tangney is very sick, suffering from severe nausea, vomiting, and abdominal pain. For several years, a team of physicians struggled to find something that would alleviate her symptoms. They finally succeeded in 2011 when they administered Dronabinol. Her insurance at the time covered it. When Tangney switched to Medicare in May 2014, however, its Part D program denied coverage on the ground that the off-label use prescribed to Tangney was not “supported by one or more citations in [approved] ... compendia[.]” 42 U.S.C. §…

2Cases cited19 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
  5. Seavey v. Social SecurityCourt of Appeals for the First Circuit · 2001

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3Cited by3 opinions

  1. Lewis v. AzarDistrict Court, District of Columbia · 2018
  2. Lewis v. BurwellDistrict Court, D. Massachusetts · 2018
  3. NH Hospital Assoc., et al. v Burwell, et al.District Court, D. New Hampshire · 2017

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