2021–2022 Southern Illinois University National Health Law Moot Court Competition

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Notes

1 Nothing in this problem is intended to raise issues about the United States’ right to intervene in a False Claims Act proceeding or whether the proper procedural steps were followed other than what is stated in the Supreme Court’s grant of the writ of certiorari.

2 The main difference between a selective debridement and a surgical debridement is the type of tissue removed. Id. Selective debridement does not involve removal of subcutaneous fat, muscle tissue, or bone, whereas surgical debridement does. Id.

3 This system has six grades of lesions, with the first four grades based on the depth of the lesion and the last two based on the extent of gangrene and lost perfusion in the foot. Id. A Wagner grade III wound is an ulcer with abscess, osteomyelitis, joint sepsis, or bone involvement. Robert G. Frykberg, Diabetic Foot Ulcers: Pathogenesis and Management, Am. Fam. Phys. 1655, 1655 (Nov. 1, 2002), https://www.aafp.org/afp/2002/1101/p1655.html; Dr. Amit C. Jain, A New Classification of Diabetic Foot Complications: A Simple and Effective Training Tool, 4 J. Diabetic Foot Complications 1, 1-5 (2012). Wounds classified as a Wagner grade II have an ulcer extension to ligament, tendon, joint capsule, or deep fascia without abscess or osteomyelitis. Robert G. Frykberg, Diabetic Foot Ulcers. When the patient has a diagnosis of diabetes and an abscessed wound classified as a Wagner grade III that has not responded to standard treatment, that patient is eligible for HBO therapy under Medicare. However, a wound that did not have an abscess or osteomyelitis would be classified as a Wagner grade II wound and would not be eligible.

4 Hypothetical case citation. May be cited as listed in the problem.

5 National Coverage Determination (NCD) for HYPERBARIC Oxygen Therapy § 20.29 (12/18/2017), available at https://www.cms.gov/medicare-coverage-database/details/ncd-details.aspx?ncdid=12&ncdver=4&KeyWord=hyperbaric&KeyWordLookUp=Title&KeyWordSearchType=Exact&bc=CAAAAAAAAAAA.

6 Chronic refractory osteomyelitis is a bone infection that persists or recurs despite appropriate treatment. See Mary E. Hanley, Stephen Hendriksen, and Jeffrey S. Cooper, Hyperbaric Treatment of Chronic Refractory Osteomyelitis, StatPerls (last updated Sept. 17, 2020), https://www.ncbi.nlm.nih.gov/books/NBK430785/.

7 The medical expert met all requirements to testify as a medical expert in the State of Lincoln.

8 The prior proceeding was within this district but assigned to a different judge.