GlaxoSmithKline LLC v. Humana Medical Plans, Inc.
- Case Date: 1/7/2013
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On April 15, 2013, the U.S. Supreme Court issued an order declining to review an appeals court decision that drastically expands a private cause of action under the Medicare Secondary Payer Act (MSP Act) so that private healthcare insurers around the country will now be permitted to seek double damages from pharmaceutical companies and other alleged tortfeasors. The order was a setback for WLF, which filed a brief urging review. WLF argued that, in enacting the MSP Act, Congress provided a unique remedy for the federal government to recover payments made by the Secretary of Health and Human Services from the Medicare Trust Fund, not (as the appeals court held) a private cause of action for private health care insurers to recover their own costs. WLF further argued that the extension of the MSP Actís private right of action to non-governmental plaintiffs was an attempted end-run around congressional intent.
More Information and Downloads:
1/7/2013: Download the Brief