Robert Graham Obtains Victory in the U.S. Court of Appeals for the First Circuit

On December 15, 2008, FTLF partner Robert Graham obtained a reversal of a federal district court judgment and a reinstatement of a preliminary injunction in Concilio de Salud Integral de Loiza, Inc., et al., v. Hon. Rosa Perez-Perdomo, an appeal filed on behalf of two federally-funded community health centers in Puerto Rico. This marks the fourth appeal -- and fourth FTLF win -- arising out of the health centers' suit against the Commonwealth of Puerto Rico for the Commonwealth's failure to pay them for services as mandated under the federal Medicaid statute.

Despite overwhelming evidence of the Commonwealth's persistent refusal to meet its legal obligations, the district court dismissed the plaintiffs' claims and vacated the preliminary injunction that the plaintiffs had secured requiring interim Medicaid payments. The U.S. Court of Appeals for the First Circuit reversed that judgment and ordered that the district court restore the preliminary injunction. In doing so, the appeals court strongly encouraged the district court to appoint a "special master" to oversee implementation of the preliminary injunction due to the Commonwealth's history of resisting prior payment orders.