Bradley v. Sebelius
621 F.3d 1330
(11th Cir., Sept. 29, 2010)
This case involved a wrongful death action filed under the Florida Wrongful Death Act for alleged nursing home neglect. The decedent (Mr. Burke) was survived by 10 children. One of his daughters (Cardonvella Bradley) was named personal representative of the estate.
Bradley filed a wrongful death action against the nursing home through which damages were claimed for the estate and the ten surviving children per Florida law. The action was eventually settled without a formal action being filed in court for the nursing home’s policy limits — $52,500. This sum was undifferentiated between the parties.
Medicare asserted a conditional payment claim in the amount approximately $22.480.89 (with said figure representing the full amount of Medicare’s conditional payments minus applicable procurement costs). Bradley requested that Medicare reduce its claim on various grounds. Medicare refused and demanded a full recovery. Continue reading “Bradley v. Sebelius”