Plaintiff claimed that the government’s position was not substantially justified in underlying litigation regarding classification of contrast agents as medical devices or drugs. Plaintiff presented a fee demand for $382,286. The matter was settled for $191,190 without Plaintiff filing for fees in court. The settlement documents acknowledge that settlement is to resolve Plaintiff’s claim for fees under EAJA, but the settlement agreement specifically disclaims any admission by the government “as to any issue of law or fact relating to any liability for fees, expenses, or costs pursuant to any applicable federal statute, or as an indication that the government’s position or conduct in or before this litigation lacked substantial justification or otherwise was inappropriate.”
Settlement to resolve Plaintiff Genus Medical Technologies, LLC’s (“Genus Medical”) claim for attorney’s fees and other expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), without litigation. The Court made no finding with respect to the settlement and did not enter the settlement agreement on the docket