Legal Opinion

Martinez v. Dep't of Health Care Servs.

California Court of Appeal, 5th District

Decided December 13, 2017No. 2d Civil No. B278117PublishedCited by 2 opinions

1Opinion of the CourtGilbert, P. J.

*372In Arkansas Dept. of Health and Human Servs. v. Ahlborn (2006) 547 U.S. 268, 126 S.Ct. 1752, 164 L.Ed.2d 459 ( Ahlborn ), the Supreme Court held that a state's lien on a Medicaid recipient's tort settlement is limited to the recipient's medical costs.

Here we hold that where a tort settlement in a medical malpractice case does not allocate between medical and noneconomic costs, the noneconomic damages may not exceed $250,000, the maximum allowed under the Medical Injury Compensation Reform Act (MICRA) ( Civ. Code, § 3333.2 ).

The California Department of Health Care Services (Department) moved…

2Cases cited2 opinions

  1. Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
  2. Licudine v. Cedars-Sinai Medical CenterCalifornia Court of Appeal · 2016

3Cited by2 opinions

  1. Lomeli v. State Dep't of Health Care Servs., California Court of Appeal, 5th District2019
  2. Lomeli v. State Dept. of Health Care ServicesCalifornia Court of Appeal · 2019

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