SMITH v. OFFICE OF CIV. HEALTH AND MED. PROGRAM

No. IP 94-1396 C.

884 F.Supp. 303 (1994)

Erin Colleen SMITH, Plaintiff, v. The OFFICE OF CIVILIAN HEALTH AND MEDICAL PROGRAM OF the UNIFORMED SERVICES (CHAMPUS), a subdivision of the Department of Defense of the United States of America, and William Perry, in his official capacity as the Secretary of Defense for the United States of America, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

September 29, 1994.


Attorney(s) appearing for the Case

Steven J. Cohen, David Becsey, Zeigler Carter Cohen & Koch, Indianapolis, IN, for plaintiff.

Gerald A. Coraz, Asst. U.S. Atty., Indianapolis, IN, for defendant.


MEMORANDUM ENTRY

BARKER, Chief Judge.

Plaintiff, Erin Colleen Smith, brings this action for declaratory and injunctive relief challenging the presumed denial by the Office of Civilian Health and Medical Program of the Uniformed Services ("CHAMPUS") of authorization for high-dose chemotherapy ("HDC") with peripheral stem cell rescue ("PSCR") as treatment for her breast cancer. Defendants CHAMPUS and William Perry, in his official capacity as the Secretary...

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