Case Overview

Phyllis J. Wogan, Individually and as Personal Representative of the Estate of James J. Wogan, Petitioner, v. Kenneth C. Kunze, M.D.; Hilton Head Gastroenterology, P.A.; Thomas P. Rzecycki, M.D.; Hilton Head General and Laparoscopic Surgery, P.A.; Gary W. Thomas, M.D.; and Gary W. Thomas M.D., P.A., Respondents.

Petitioner brought this action against respondents based on their refusal to submit a Medicare claim for medication for petitioner’s husband, who suffered from cancer.  The circuit court granted respondents’ motion for summary judgment.  With regard to respondents’ refusal to submit the Medicare claim, the trial judge found the Medicare Act does not provide a private cause of action on that ground.

Petitioner filed an appeal in the Court of Appeals.  The Court of Appeals affirmed the circuit court judge’s decision.  Petitioner has now filed a petition for a writ of certiorari in the South Carolina Supreme Court asking the Court to review the decision of the Court of Appeals, including the issue of whether the Medicare Act provides for a private cause of action based on a treating physician’s failure to submit a requested Medicare claim.

The Supreme Court will hear argument in this case on Wednesday, May 7, 2008, at 10:30 a.m.

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