Dale ex rel. Dale v. Gubin

GARRISON, Judge.

This appeal is from a judgment in an inter-pleader action involving reimbursement of Medicaid payments made by the Missouri Department of Social Services (Appellant) for the benefit of Jessica R. Dale (the Recipient). The issue is whether Appellant’s reimbursement from the proceeds of a recovery against third parties must be reduced by a proportionate share of the attorneys’ fees incurred in behalf of the Recipient in obtaining that recovery.

Appellant paid $50,015.64 for medical services provided to the Recipient. A medical malpractice suit was later filed by the Recipi*700ent,…