United States DC Circuit

The loss valuation recoverable by a seller of a hospital under Medicare can be apportioned to hospital medical records, but since medical records are akin to goodwill, they can have a positive value only when they are sold for more than fair market value.

Appellate Information

• Argued 11/30/2000
• Decided 03/23/2001
• Published 03/23/2001

Judges

• Before:  EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Patric Hooper argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Sonia M. Orfield, Attorney, U.S. Department of Health and Human Services, argued the cause for appellee.   With her on the brief were Harriet S. Rabb, General Counsel, Sheree R. Kanner, Associate General Counsel, Henry R. Goldberg, Deputy Associate General Counsel, David W. Ogden, Assistant Attorney General, U.S. Department of Justice, and Wilma A. Lewis, U.S. Attorney.