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BRADLEY v. SEBELIUS

No. 09-13765.

621 F.3d 1330 (2010)

Carvondella BRADLEY, Joyce Elaine Nieves, Larhonda Williams, Chris Crowley, Derrick Burke, Charles E. Burke, Jr., Greg Burke, Cynthia Burke, Beatrice Wells, Karl Crowley, individually, Plaintiffs-Appellants, v. Kathleen SEBELIUS, Secretary, U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 29, 2010.

Attorney(s) appearing for the Case

Robert S. Peck , Ctr. for Const. Lit., PC, Washington, DC, Eric Harald Faddis , Faddis & Faddis, P.A., Casselberry, FL, for Plaintiffs-Appellants.

Daniel Tenny , Mark B. Stern , U.S. Dept. of Justice, Civ. DIv., Washington, DC, for Sebelius.

Before DUBINA, Chief Judge, and MARTIN and HILL, Circuit Judges.

HILL, Circuit Judge:

The facts of this claim against a Florida nursing home for neglect and abuse are simple and not in dispute. However, the question of law as to the interplay between the Florida Wrongful Death Act (FWDA) and the federal Medicare Secondary Payer statute (MSP) is an issue of first impression in this court.

I.

Charles Burke (Burke or Decedent) resided in a Gainesville nursing home for approximately eighteen (18) months. In November...

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