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Coast Guard Tort Action, Government Benefits Matter

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By FindLaw Staff on August 23, 2010 1:06 PM

Uralde v. US, No. 09-13845, involved an action against the U.S. claiming that plaintiff's wife died as a result of the Coast Guard's failure to provide her access to timely medical treatment after she was injured during the Coast Guard's interdiction of their vessel.  The court reversed the dismissal of the action on the ground that, because the Suits in Admiralty Act did not include a reciprocity requirement, plaintiff had no obligation to demonstrate that Cuba would allow Americans to sue its government on similar claims.

Florida Med. Ctr. of Clearwater, Inc. v. Sebelius, No. 09-13922, concerned an action challenging the Medical Appeals Council's determination that Center for Medicare & Medicaid Services was entitled to a recoupment of Medicare payments from plaintiff.  The court affirmed summary judgment for defendant, holding that the Secretary of Health and Human Services properly concluded that payments to a Medicare services provider that had falsified its Medicare enrollment application were an overpayment subject to recoupment.

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