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WOOD v. THOMPSON

No. 00-2711.

246 F.3d 1026 (2001)

Floyd WOOD, Plaintiff-Appellant, v. Tommy G. THOMPSON, as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 12, 2001.

Attorney(s) appearing for the Case

Mitchell Hagopian (argued), Sarah Orr, Elder Law Center of the Coalition of Wisconsin Aging Groups, Madison, WI, for plaintiff-appellant.

Peggy A. Lautenschlager, Office of the U.S. Attorney, Madison, WI, C. Douglas Ferguson (argued), Department of Health and Human Services, Office of the General Counsel, Region V, Chicago, IL, for defendant-appellee.

Before CUDAHY, COFFEY, and EVANS, Circuit Judges.

CUDAHY, Circuit Judge.

This case is almost as hard as pulling the teeth of Floyd Wood, who lost a final decision of the United States Department of Health and Human Services Secretary Tommy Thompson that the extraction of his diseased teeth was not reimbursable under Part B of the Medicare program, 42 U.S.C. § 1395 et seq. We now affirm the district court's decision to uphold the Secretary's ruling.

I.

Wood, an enrollee in the Medicare...

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