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COCHRAN v. U.S. HEALTH CARE FINANCING ADMIN.

No. 01-13608.

291 F.3d 775 (2002)

Jessie D. COCHRAN, for herself and all other persons from whom Defendant has or will demand, under 42 USC 1395y (b)(2), subrogation for medical payments out of non-medical portions of their recoveries from personal injury lawsuits or settlements, Plaintiffs-Appellants, v. U.S. HEALTH CARE FINANCING ADMINISTRATION, of the U.S. Department of Health and Human Services, which operates the Medicare program (MEDICARE), Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 16, 2002.

Attorney(s) appearing for the Case

William R. Murray, Northport, AL, for Plaintiffs-Appellants.

Kathleen A. Kane, Mark B. Stern, U.S.Dept. of Justice, App. Staff/Civil Div., Washington, DC, for Defendant-Appellee.

Before CARNES and FAY, Circuit Judges, and HUNT, District Judge.

CARNES, Circuit Judge:

This appeal brings us a paradoxical twist on the conventional argument that exhaustion of administrative remedies should not be required where it would be futile. We have before us a litigant who contends that she should be allowed to circumvent the administrative remedies available to her not because resort to them would be futile, but because it might well be successful. She fears that the agency...

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