Diaz v. Arlington Anesthesia, Inc.

By Judge William T. Newman, Jr.

This matter came before the Court on plaintiffs Motion to Reduce Medicaid Lien, argued by counsel on July 9, 2001. The Court has carefully reviewed plaintiffs Memorandum in Support, the Commonwealth’s Opposition, and the Answer of the Guardian ad Litem, as well as the relevant case law. Taking into account the equities of the case, this Court will reduce the Medicaid Lien and apportion the recovery in the manner set forth below.

Factual Background

This is a heartbreaking case where the plaintiff, Carlos Diaz, was catastrophically and permanently injured after…