Trevino v. HHL Financial Services, Inc.

This case raises the question of whether a hospital enforcing its statutory lien for medical services upon proceeds of a personal injury settlement must contribute a proportionate share of the attorney fees incurred in obtaining the recovery. In Trevino v. HHL Financial Services, Inc., 928 P.2d 766 (Colo.App.1996), the court of appeals held that neither the common fund doctrine nor a provision in section 38-27-101, 16A C.R.S. (1996 Supp.), giving an attorney’s lien precedence over a hospital hen, requires the holder of the hospital lien to pay a share of the attorney fees. We agree, and…