Miller v. Center for Diagnostic Imaging, 2007 U.S. Dist. LEXIS 17869 (W.D. WA 2007)

In a “short” order, the District Court adopted the Report and Recommendation of the Magistrate finding that a medical malpractice settlement was not subject to any Medicare repayment or lien. It does not appear as though CMS was a party to the action. Thomas G. Golden of Bainbridge Island, Washington, represented the Plaintiff. Mr. Golden explained in a telephone conversation (March 30, 2007) with the author that this case involved a failure to timely diagnosis cancer. Plaintiff’s argument was that chemotherapy would have been required anyway and, therefore, Medicare had no claim.