4919 When plaintiffs $14.0M medical malpractice claim was settled for $950,000, Medi-Cal could assert a lien against the damages but only as to the portion properly allocable to past medical costs; no lien could be asserted for future medical costs in absence of any evidence as to who would provide future services; and, while the allocation need not be pro rata, it is trial courts responsibility to apply a reasonable allocation formula to the settlement award.CitationLIMA v VOUS (Medi-Cal Lien) 174 CA4 242 [See: 42 USC 1396 etseq; W&IC 14124.76; Ark Dept of Health v Ahlborn 547 US 268; Bolanos v Superior Court 169 CA4 744, T/AT 1/09; Espericueta v Shewry 164 CA4 615, T/AT 8/08]
|
|