In Re Guardianship of Bloomquist

Nebraska’s hospital lien statute, Neb. Rev. Stat. § 52-401 (Reissue 1993), grants medical providers a statutory lien. The lien attaches to any financial recovery that a patient may receive from a third party in the amount of the reasonable value of medical services necessarily performed. The two cases before us have been consolidated upon appeal. The issue presented in these cases is whether or not a hospital with a perfected lien is obligated to share pro rata in the patient’s reasonable costs of recovery from the third party.

Appellants urge that the common fund doctrine applies. The common…