DuHammell v. Renal Care Group East Inc., L-871-09, L-1138-09; Law Division, Atlantic County; opinion by Kane, J.S.C.; decided December 7, 2012; approved for publication May 16, 2013. DDS No. 22-3-9978 [6 pp.]

Through mediation, plaintiffs Catherine Ney and Brenda DuHamell reached an amicable resolution of their underlying claims. However, they have not consummated the settlement because part of the settlement contemplated a determination by the Department of Health and Human Services, Center for Medicare and Medical Services (CMS) concerning the amount to be set aside pursuant to the Medicare Secondary Payer Statute (MSP), 42 U.S.C.A. § 1395(y)(b)(2).