NATER-LEBRON v. SHALALA

Civil No. 00-1765 CCC.

120 F.Supp.2d 175 (2000)

Ricardo NATER-LEBRON, Pedro Jose Farina-Abo, Plaintiffs, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

United States District Court, D. Puerto Rico.

October 20, 2000.


Attorney(s) appearing for the Case

Luis R. Pérez-Giusti, Mignucci & Pérez-Giusti, for Plaintiffs.

Sheila M. Lieber, Deputy Director, Glen Staszewski, Trial Attorney, Federal Programs Branch, Civil Division, U.S. Department of Justice, Guillermo Gil, U.S. Attorney, José M. Pizarro-Zayas, Assistant U.S. Attorney, Washington, DC, for Defendant.


ORDER

CEREZO, District Judge.

Plaintiffs are patients of the Cardiovascular Center of Puerto Rico and the Caribbean who are on a waiting list to receive heart transplants. They challenge as arbitrary and capricious the Final Rule and Performance Standards set forth in the May 2, 1996 Final Rule for Medicare and Medicaid Programs: Conditions of Coverage for Organ Procurement Organizations (OPOs), 61 Fed.Reg...

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