212823P.pdf   06/17/2022  Gurpreet Padda  v.  Xavier Becerra
   U.S. Court of Appeals Case No:  21-2823
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Colloton and Gruender, Circuit Judges] 
   Civil case - Medicare. The government alleged that Medicare had overpaid 
   plaintiff and his medical practice $5.31 million and, after two levels of 
   administrative review had affirmed the overpayment, but while the matter 
   was awaiting a hearing before and ALJ, the government began to recover the 
   overpaid funds by withholding new reimbursements. Plaintiff sued and 
   sought a preliminary injunction to prevent Medicare from recovering the 
   payments prior to an ALJ decision. The district court denied the 
   preliminary injunction, and plaintiff appealed. The district court did not 
   err in denying the request for an injunction as plaintiff failed to show 
   he was likely to prevail on the merits of his procedural due process claim 
   or that he was likely to suffer irreparable harm; given the procedures 
   plaintiff had already received, he has not demonstrated that an ALJ 
   hearing and decision will afford him such significant additional 
   protections that they are constitutionally required prior to recoupment.