Federal court admonishes HHS

In ruling against Medicare in the case of Bradley v. Sebelius, the 11th U.S. Circuit Court of Appeals took the Health and Human Services Department to task for declining to take part in the litigation and asserting that its field manual is entitled to deference.

"Historically, there is a strong public interest in the expeditious resolution of lawsuits through settlement. The secretary's position would have a chilling effect on settlement.The secretary's position compels plaintiffs to force their tort claims to trial, burdening the court system. It is a financial disincentive to accept otherwise reasonable settlement offers," the court said.

December 9, 2010

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