Legal Opinion
Kain v. State Department of Health Services
California Court of Appeal
Decided August 2, 2001No. B144391PublishedCited by 4 opinions
1Opinion of the Court
Opinion
COFFEE, J.
Welfare and Institutions Code section 14124.70 et seq., allows the state to place a lien on a settlement or judgment obtained by a Medi-Cal beneficiary against a third party when Medi-Cal payments were used to treat an injury for which the third party is liable. We conclude that an award under the National Vaccine Injury Compensation Program (NVICP) (42 U.S.C. § 300aa-l et seq.) is a judgment from which a Medi-Cal lien may be recovered.
Facts and Procedural History
Lorrin Kain was born on March 15, 1994, and was seriously injured by a routine childhood vaccination. She suffers…
2Cases cited9 opinions
- Black v. Secretary Of Health And Human ServicesCourt of Appeals for the Federal Circuit · 1996
- Schafer v. American Cyanamid Co.Court of Appeals for the First Circuit · 1994
- Sullivan v. County of SuffolkCourt of Appeals for the Second Circuit · 1999
- Erick Lowry, a Minor, by and Through His Legal Representative, Jean Lowry v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1999
- Mission Community Hospital v. KizerCalifornia Court of Appeal · 1993
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3Cited by4 opinions
- Boehm & Associates v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2003
- Swanson v. ST. JOHN'S REGIONAL MEDICAL CENTERCalifornia Court of Appeal · 2002
- Bonta´ v. FriedmanCalifornia Court of Appeal · 2001
- Opinion No. (2006), California Attorney General Reports2006