Esparza v. Scott and White Health Plan

BEA ANN SMITH, Justice.

This case presents the question of whether a contractual agreement providing for a right of subrogation completely removes the issue of subrogation from the realm of equity.

Brenda and Jesus Esparza (the “Espar-zas”) settled a medical malpractice claim with Dr. Larry Orriek and King’s Daughters Clinic (collectively “Dr. Orriek”) for injuries sustained by their son, Zachary. Scott & White Health Plan (“Scott & White”) intervened in the Esparzas’ suit against Dr. Orriek, seeking recovery of $264,625 plus attorney’s fees from the Esparzas for expenses Scott & White had…