MELLOY, Circuit Judge.
The plaintiff, Richard J. Medalie, brought suit under the Medicare Secondary Payer statute (the "MSP") against the drug companies that developed, manufactured, and marketed the drug Baycol. See 42 U.S.C. § 1395y(b)(3)(A) (establishing a private cause of action). Medalie sought to recover all of Medicare's expenditures made to diagnose and treat the personal injuries and adverse effects to Medicare beneficiaries resulting from use...
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