GSK Shakes Humana Suit Over Avandia Injury Costs

Law360, New York (June 15, 2011, 2:01 PM EDT) -- A Pennsylvania federal judge on Monday tossed two Humana Inc. subsidiaries' putative class action seeking reimbursement from GlaxoSmithKline PLC for costs the insurers incurred to cover treatment for Avandia-related injuries for Medicare beneficiaries who have settled their claims with GSK.

In granting GSK's motion to dismiss the suit consolidated with a pending multidistrict litigation over Avandia, U.S. District Judge Cynthia M. Rufe ruled that the Medicare Act and its implementing regulations do not create a private cause of action for Medicare Advantage organizations such as Humana...
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