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Pruchniewski v. Leavitt

United States District Court, M.D. Florida, Tampa Division
Aug 10, 2006
Case No: 8:04-cv-2200-T-23TBM (M.D. Fla. Aug. 10, 2006)
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Summary

upholding a sample size of 30 claims

Summary of this case from John Balko & Assocs. v. Sebelius
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Opinion

Case No: 8:04-cv-2200-T-23TBM.

August 10, 2006

ORDER

STEVEN MERRYDAY, District Judge

United States Magistrate Judge Thomas B. McCoun, III, submits a report and recommendation (Doc. 23) on the plaintiff's petition for review of a final decision of the Secretary of the United States Department of Health and Human Services (the "Secretary"). Judge McCoun recommends affirming the Secretary's final decision. Neither party files an objection to the report and recommendation, and the time to file objections has expired. Accordingly, the Magistrate Judge's recommendation (Doc. 23) is ADOPTED and the Secretary's final decision is AFFIRMED. The Clerk is directed to enter judgment in favor of the Secretary and against the plaintiff.

ORDERED.

Summaries of

Pruchniewski v. Leavitt

United States District Court, M.D. Florida, Tampa Division
Aug 10, 2006
Case No: 8:04-cv-2200-T-23TBM (M.D. Fla. Aug. 10, 2006)

upholding a sample size of 30 claims

Summary of this case from John Balko & Assocs. v. Sebelius

affirming Medicare disallowance decision, even though the plaintiff presented evidence that “the sampling process employed in his review was fundamentally unfair because it was based on an inadequate sample size and was unrepresentative” and the district court acknowledged that “if the standard of review was different and a better showing had been made, perhaps I would recommend a different result,” because “courts have approved a variety of sampling sizes against due process challenges . . . despite the contrary views, the ALT s conclusion that the approach used by the Carrier was statistically valid is also supported by substantial evidence”

Summary of this case from Ariz. Health Care Cost Containment Sys. v. Ctrs. for Medicare & Medicaid Servs.

applying standard of review in social security cases to appeal from final decision of MAC

Summary of this case from TeamCare Infusion Orlando, Inc. v. U.S. Dep't of Health & Human Servs.
Case details for

Pruchniewski v. Leavitt

Case Details

Full title:JAMES F. PRUCHNIEWSKI, D.P.M., Plaintiff, v. MICHAEL O. LEAVITT, Secretary…

Court:United States District Court, M.D. Florida, Tampa Division

Date published: Aug 10, 2006

Citations

Case No: 8:04-cv-2200-T-23TBM (M.D. Fla. Aug. 10, 2006)

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