United States Second Circuit

In a private cause of action brought under the Medicare Secondary Payer statute, district court judgment dismissing plaintiff's claim is affirmed where: 1) the court properly held that plaintiff lacks standing to bring the action as he alleged no direct injury to himself and any injury he suffered as a federal taxpayer was too generalized and attenuated to constitute an actual injury to himself; and 2) the Medicare Secondary Payer statute does not create a qui tam action, but rather merely enables a private party to bring an action to recover from a private insurer only where that private party has itself suffered an injury because a primary plan has failed to make a required payment to or on behalf of it.

Appellate Information

• Decided 07/29/2009
• Published 07/29/2009

Judges

• LIVINGSTON, Circuit Judge:, Before LEVAL, CABRANES, LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edward G. Bailey, Bailey & Sherman, P.C., Douglaston, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Daly D.E. Temchine (Aime Dempsey, on the brief), Epstein Becker & Green, P.C., New York, NY, for Defendants-Appellees.