United States Third Circuit

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Humana Med Plan Inc v. GlaxoSmithKline LLC, 11-2664

In a suit under the Medicare Act, alleging that defendant as a "primary payer" was obligated to reimburse plaintiff as a "secondary payer" for expenses plaintiff incurred treating its insureds' injuries resulting from plaintiff's drug, Avandia, the district court's dismissal, on grounds that the Medicare Act did not provide Medicare Advantage organizations (MAOs) with a private cause of action to seek such reimbursement, is reversed where the Medicare Secondary Payer Act, in 42 U.S.C. section 1395y(b)(3)(A), provides plaintiff with a private cause of action against defendant.

Appellate Information

  • Decided 06/28/2012
  • Published 06/28/2012




  • United States Third Circuit


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