United States DC Circuit

In case involving effort on behalf of participants in Medicare Part D prescription drug program to reverse the government's efforts to recover payments mistakenly made to participants, an injunction, ordering appellant to refund monies to participants and to notify all recipients of a right to request waiver of repayment, is vacated as to claim under 42 U.S.C. section 404(b) since the district court lacked jurisdiction. A claim made under 42 U.S.C. section 1395gg lacks merit.

Appellate Information

• Argued 01/18/2007
• Decided 04/17/2007
• Published 04/17/2007

Judges

• Before:  GINSBURG, Chief Judge, and TATEL, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellant.   With her on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Jeffrey S. Bucholtz, Principal Deputy Assistant Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, Mark B. Stern, Attorney, Daniel Meron, General Counsel, U.S. Department of Health and Human Services, Kathleen H. McGuan, Associate General Counsel, and Marcus H. Christ and Lawrence J. Harder, Counsel.


• For Appellees:
  
• Gill Deford argued the cause for appellees.   With him on the brief were Vicki Gottlich and Patricia B. Nemore., Bruce B. Vignery, Sarah Lenz Lock, and Michael Schuster were on the brief for amicus curiae American Association of Retired Persons in support of appellees.