MSP

Medalie v. Bayer Corp., 2007 U.S. App. LEXIS 29859 (8th Cir. 2007)

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. Following its decision in Stalley v. Catholic Health Initiatives, Nos. 06-3884, 06-4121, 2007 U.S. App. LEXIS 27331, 2007 WL 4165751 (8th Cir. Nov. 27, 2007), the Court held that an MSP action is not a qui tam action. A plaintiff who lacks any injury in fact does not have standing to pursue an MSP action.

http://www.ca8.uscourts.gov/opndir/07/12/071126P.pdf

Published by
David McGuffey

Recent Posts

Medicaid Verification: When the Agency is Required to Help

Some Medicaid classes of assistance do not require verification, but most long-term care classes of…

7 days ago

Medicaid Estate Recovery – 50 States

The Estate Recovery Rules vary from State to State. The federal minimum requires states to…

2 months ago

Rights of the ward; impact on voting and testamentary capacity; O.C.G.A. § 29-4-20

Georgia Guardianship law presupposes that the guardian must act in the best interests of the…

2 months ago

Georgia Medicaid Applicants No Longer Required to Apply for Other Benefits

Medicaid is the payer of last resort so applicants have, historically, been required to apply…

2 months ago

2026 Community Spouse Income and Resource Allowances

Effective January 1, 2026, the Community Spouse Resource Allowance will increase to $162,660.00. The combined…

2 months ago

Temporary medical consent guardianship; O.C.G.A. § 29-4-18

In some cases, no one can be found who will consent to medical procedures for…

2 months ago