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YALE-NEW HAVEN HOSP., INC. v. THOMPSON

No. 3:99CV2546 (GLG).

162 F.Supp.2d 54 (2001)

YALE-NEW HAVEN HOSPITAL, INC., et al., Plaintiffs, v. Tommy G. THOMPSON, Secretary of Health and Human Services, Defendant.

United States District Court, D. Connecticut.

August 31, 2001.

Attorney(s) appearing for the Case

Jonathan D. Elliot, Kleban & Samor, PC, Southport, CT, Leonard C. Homer, Carel T. Hedlund, Ober, Kaler, Grimes and Shriver, Baltimore, MD, for plaintiffs.

John B. Hughes, U.S. Attorney's Office, New Haven, CT, James J. Gilligan, U.S. Department of Justice, Washington, DC, for defendant.

OPINION

GOETTEL, District Judge.

This action arises from a lingering financial dispute between the Federal government and various hospitals and health care providers over a now-superseded administrative guideline that removed Medicare coverage for investigational medical devices and procedures that had not been approved for marketing by the Food and Drug Administration ("FDA"). Although the guideline was supplanted by regulation over five years ago...

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