Health Care Industry Liability Insurance Program v. United States

OPINION

DAVID G. BERNTHAL, United States Magistrate Judge.

This case is before the court for ruling on the Motion for Summary Judgment (# 34) filed by Plaintiff, Health Care Industry Liability Insurance Program (HealthCap). 1 This court has carefully and thoroughly reviewed the arguments of the parties and the documents submitted by the parties. Following this careful review, Plaintiffs Motion for Summary Judgment (#34) is GRANTED in part and DENIED in part.

FACTS

I. UNDERLYING ACTION

On September 29, 2004, Plaintiffs, United States of America and the State of Illinois, ex rel. Vanessa Absher and…