OPINION ISSUED JANUARY 12, 2000
CHARLESTON AREA MEDICAL CENTER, INC.
DIVISION OF CORRECTIONS
F. Chris Gall, Jr., Attorney at Law, for claimant.
Joy M. Cavallo, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant seeks payment in the amount of $120,563.33 for
medical services rendered to an inmate in the custody of
respondent. Respondent, in its Answer, admits the validity of the
claim, but states that there were insufficient funds in its
appropriation for the fiscal year in question from which to pay the
While the Court believes that this is a claim which in equity
and good conscience should be paid, the Court further believes that
an award cannot be recommended based upon the decision in Airkem
Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180