This case involved a petition for apportionment of a Medicaid Lien under Ahlborn v. Arkansas Department of Health and Human Services, 126 S.Ct. 1752, 1763 (2006), following settlement of the underlying medical malpractice case. The underlying case involved medical negligence, which resulted in the three-year-old plaintiff suffering permanent impairments from an anoxic event resulting in a hypoxic-ischemic brain injury, a severe and ongoing seizure disorder with apneic episodes, a loss of motor function, a loss of speech, and severe developmental arrests and delays. The minor plaintiff incurred more than $808,434 in medical expenses for her condition. We retained expert witnesses to prepare an economic report and a life care plan of the plaintiff’s future needs that placed a total economic value on her claim, including her past medical expenses, of $10,622,834.00. The plaintiff’s non-economic damages such as pain, suffering and loss of enjoyment of life were valued at approximately $10,000,000. Because her parents did not have sufficient funds or assets to pay for all of the medical care that the plaintiff’s injuries required and they applied for assistance with these payments to NHDHHS. NHDHHS provided the plaintiffs with financial assistance for her medical expenses, and paid a total of $208,415.00 toward the $808,434.00 in total medical expenses the plaintiffs had incurred. The plaintiffs settled their medical malpractice case at mediation for a confidential amount, which was a percentage of the total value of her claim (economic and non-economic). The plaintiff accordingly asked NHDHHS to reduce its lien by accepting the same percentage of its lien in full and final repayment.
The parties settled this claim at mediation by apportioning the lien equally (50/50) between the plaintiffs and NHDHHS.