New opinion — Medicare reimbursement appeal

When a woman was injured, Medicare paid for her medical care. She later sued for her injuries and reached a settlement. She argued that she got to keep the Medicare payment despite the settlement. A NJ state court held that the settlement did not cover medical expenses, but Medicare then demanded repayment,  and she sued. The district court dismissed her suit. In an opinion analyzing the interplay of the federal Medicare as a Secondary Payer Act and the New Jersey Collateral Source Statute , CA3 affirmed.

The case is Taransky v. Secretary. Opinion by Hardiman, joined by Sloviter and Barry. Arguing counsel were Franklin Solomon for the woman and Daniel Tenny for the government.