Verdicts

The U.S. Court of Appeals for the Federal Circuit upheld dismissal of a lawsuit filed in the Court of Federal Claims under Tucker Act jurisdiction because the issues raised in the suit arose under the Medicare Act, which places jurisdiction of claims arising under it exclusively in the federal district courts. Wilson v. U.S., 2005 U.S. App. LEXIS 6816 (Fed. Cir. 4/21/05).

Prior to his death, plaintiff's husband received medical services that were paid for by Medicare. Following his death, the estate brought a medical malpractice action against a hospital and two doctors. After the estate settled the action and received payment from the defendants, the Department of Health and Human Services (HHS), on behalf of Medicare, claimed entitlement to a portion of the settlement, which plaintiff paid. She then filed suit in the U.S. Court of Federal Claims to recover the payment. In the suit, she contended that the government's claim against her husband's estate was improper and therefore constituted an illegal exaction. The Court of Federal Claims dismissed the suit, ruling that it lacked jurisdiction under the Tucker Act because plaintiff's claim arose under the Medicare statutes and jurisdiction over such claims is vested exclusively in federal district court. Wilson v. U.S., 58 Fed. Cl. 760 (2003).