Scott v. State Ex Rel. Department of Human Services

HARRIS, Justice.

After a three-year-old child was severely injured in a farm-related accident, the department of human services provided medical assistance benefits for his care and treatment. A later tort action brought on behalf of the child was settled. This suit concerns the extent of the department’s right to recoup from the settlement proceeds. The department contends it is entitled to recover the full amount of benefits it provided. The trial court allowed only the lesser amount which was designated in the settlement as reimbursement for past medical expenses. Under the special facts…