BIRD v. THOMPSON

No. 02 Civ. 10269(GEL).

315 F.Supp.2d 369 (2003)

Dorothy BIRD, Plaintiff, v. Tommy G. THOMPSON, Secretary, Department of Health and Human Services and Empire Medicare Services, Defendants.

United States District Court, S.D. New York.

July 8, 2003.


Attorney(s) appearing for the Case

Robert Weiss, New York, New York, for plaintiff.

Sarah E. Light, Assistant United States Attorney for the Southern District of New York (James B. Comey, United States Attorney, on the brief), for defendants.


OPINION AND ORDER

LYNCH, District Judge.

Plaintiff seeks a declaration that the defendants do not have a claim to reimbursement for Medicare benefits she received to cover costs for accident-related injuries out of the proceeds of a subsequent personal injury settlement plaintiff received from the alleged tortfeasor's insurer. Plaintiff also seeks an order restraining the defendants from instituting any action against plaintiff for any recovery from...

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