Martinez v. Department of Health Care ServicesAnnotate this Case
The Department moved to determine the amount of a Medi-Cal lien on the settlement of plaintiff's medical malpractice action. The Court of Appeal reduced the trial court's determination of the amount of the lien by 25 percent for statutory attorney fees. The court held that plaintiff's claim that the trial court erred in not valuing his noneconomic damages at $2.5 million was unsupportable. The court reasoned that crediting plaintiff with more in noneconomic damages than he could possibly have recovered was not a rational approach required by the Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268. The court rejected the remaining claims and affirmed in all other respects.