United States Eleventh Circuit

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Bradley v. Sebelius, 09-13765

In plaintiffs' appeal from the Secretary of Health and Human Services' decision that it was entitled to a portion of a settlement of an underlying action against a Florida nursing home for neglect and abuse as a Medicare recoupment, judgment for the Secretary is reversed where, under Florida law, all loss of consortium or companionship recoveries were the property of the person who incurred the loss, and a claim for medical expenses belongs only to the estate.

Appellate Information

Decided 09/29/2010
Published 09/29/2010

Judges

James C. Hill

Court

United States Eleventh Circuit

Counsel

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