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Medicare not entitled to survivors' wrongful death benefits, Eleventh Circuit rules

Rejecting the Department of Health and Human Services’ claim to a large share of a nursing home negligence settlement, the court found that compensation for the loss of a parent belongs to the decedent’s children, “not the secretary of HHS.” Robert Peck of the Center for Constitutional Litigation, who represented the plaintiffs in Bradley v. Sebelius, said the decision “clears the way to making these cases viable.”

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