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BROWN v. THOMPSON

No. 03-1588.

374 F.3d 253 (2004)

Jeannette D. BROWN, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary, Department of Health and Human Services, Defendant-Appellee. Virginia Trial Lawyers Association, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 7, 2004.

Attorney(s) appearing for the Case

ARGUED: Peter Aull Cerick, Herndon, Virginia, for Appellant. Steven E. Gordon, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee. Benjamin W. Glass, III, Robert Mann, Yvonne T. Griffin, Julia Brasfield, Fairfax, Virginia, for Amicus Supporting Appellant.

Before MOTZ and SHEDD, Circuit Judges, and Pasco M. BOWMAN, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Judge MOTZ wrote the opinion, in which Judge SHEDD and Senior Judge BOWMAN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

A recipient of Medicare benefits appeals an order requiring her to reimburse the Secretary of the Department of Health and Human Services for the amount of those benefits, from a malpractice settlement she received from one of her health care providers. The district court concluded that federal law, specifically the Medicare...

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