Legal Opinion
Estate of Hernandez v. Agency for Health Care Administration
District Court of Appeal of Florida
Decided February 17, 2016No. 3D14-2115PublishedCited by 3 opinions
1Opinion of the CourtLogue, J.
The Estate of Betsy Gladis Hernandez appeals an order allocating a portion of proceeds from a wrongful death settlement to pay the Medicaid lien held by the Agency for Health Care Administration. The trial court apportioned the settlement amount based on the formula in Florida’s Medicaid Third-Party Liability Act. See § 409.910(ll)(f), Fla. Stat. (2012). We affirm.
FACTS AND PROCEDURAL HISTORY
In 2010, Ms. Hernandez died from complications from a rare condition. She was survived by her husband and child. Her death was allegedly caused by Baptist Hospital physicians’ misdiagnosis and treatment’…
2Cases cited16 opinions
- Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
- Borden v. East-European Ins. Co.Supreme Court of Florida · 2006
- Wos v. E. M. A. Ex Rel. JohnsonSupreme Court of the United States · 2013
- Agency for Health Care v. Assoc. Indus.Supreme Court of Florida · 1996
- Elaine Hess, etc. v. Philip Morris USA, Inc.Supreme Court of Florida · 2015
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3Cited by3 opinions
- Willoughby v. Agency for Health Care AdministrationDistrict Court of Appeal of Florida · 2017
- Goheagan v. PerkinsDistrict Court of Appeal of Florida · 2016
- Ammar Al Batha, as Personal etc. v. State of Florida, Agency for Health Care etc.District Court of Appeal of Florida · 2019