The parties agreed to resolve attorney's fees in this litigation (both district court and second circuit litigation) for $300,000. Recommendation for settlement amount was approved by CMS. Recommendation memo is attached below along with settlement agreement. An additional amount ($2,488.13) was added to EAJA fee payment to account for interest on Plaintiff's unpaid Medicare claims.
This amount has also been reported under connected district court matter.
The district court previously determined that the Secretary's litigating position with regard to non-coverage of CGMs was not substantially justified. In appeal of procedural rulings, the Second Circuit disagreed with the Secretary's arguments regarding the aggregation of claims. As a result, it was likely that plaintiff may be entitled to fees for entirety of litigation before both the district court and Second Circuit.