Brain Cancer Patient Must Show Injury in Medicare Coverage Suit

A brain cancer patient must demonstrate that he will be hurt by an administrative decision denying Medicare coverage for his medical treatment before he can sue to overturn that ruling based on another decision reaching the opposite result, a federal appeals court said.

Factual issues, concerning whether the noncoverage determination means that Edwin Banks will have to personally pay for his tumor-treating field therapy device in the future, precluded the U.S. Court of Appeals for the Eleventh Circuit from considering his collateral estoppel claim, the court said in an unpublished opinion.

Banks has glioblastoma multiforme, the same type of brain ...