United States District Court, D. South Dakota, Southern Division
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For Stefan Mark Middlebrooks, Plaintiff: Eric C. Schulte, LEAD ATTORNEY, Elizabeth S. Hertz, Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, SD.
For United States of America, Defendant: Camela C. Theeler, LEAD ATTORNEY, U.S. Attorney's Office (Sioux Falls, SD), Sioux Falls, SD.
ORDER DENYING DEFENDANT'S MOTION TO DISMISS
KAREN E. SCHREIER, UNITED STATES DISTRICT JUDGE.
Plaintiff, Stefan Mark Middlebrooks, seeks review of an agency action under the Administrative Procedure Act. Defendant, United States of America, moves the court to dismiss the amended complaint. For the reasons stated below, the court denies the motion to dismiss.
The facts, according to the amended complaint, are as follows:
Middlebrooks was born on October 26, 1993. His father, Gary Middlebrooks, is a retired member of the South Dakota Air National Guard. Middlebrooks suffers from a rare genetic condition known as tricho-dento-osseous syndrome (TDO), which affects a person's hair, teeth, and bones. Middlebrooks suffers from taurondontism, enamel hypoplasia, and a malformation of his jaw. As a result, Middlebrooks's medical providers recommend full mouth crowns to protect his teeth.
The TRICARE program provides certain medical benefits for active duty uniformed services members, retirees, and their dependents. As a result of his father's military service, Middlebrooks is eligible for medical benefits through TRICARE. Middlebrooks sought approval of the recommended dental procedure from TRICARE, which was denied. Subsequently, Middlebrooks requested reconsideration, but his benefits were denied again. Middlebrooks again appealed, and the office of the Assistant Secretary of Defense
issued a final denial. Docket 18-1. Middlebrooks then filed this action. Docket 1. The United States moved to dismiss the original complaint. Docket 8. Middlebrooks timely filed an amended complaint. The United States moved to dismiss the amended ...