OPINION ISSUED JANUARY 25, 2000
CORRECTIONAL MEDICAL SERVICES, INC.
DIVISION OF CORRECTIONS
Claimant appeared pro se.
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 $322,005.69 for
medical services rendered to an inmate in the custody of
respondent. Respondent, in its Answer, admits the validity of the
claim in the sum of $315,427.47, rather than the amount claimed of
$322,005.69. Claimant is in agreement with respondent in its
assessment that the correct amount of the claim is $315,427.47.
Further, respondent states that there were insufficient funds in
its appropriation for the fiscal year in question from which to pay
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