Martinez v. Dept. of Health Care Services

Filed 12/13/17 ; pub. & mod order 1/12/18 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

SALOMON G. MARTINEZ, 2d Civil No.B278117 (Super. Ct. No. 56-2015- Plaintiff and Appellant, 00470820-CU-MM-VTA) (Ventura County) v.

DEPARTMENT OF HEALTH CARE SERVICES,

Claimant and Respondent.

The California Department of Health Care Services (Department) moved to determine the amount of a Medi-Cal lien on the settlement of plaintiff’s medical malpractice action. (Welf. & Inst. Code, § 14124.76, subd. (a)1.) The trial court determined the amount of the lien to be $39,004.41. Plaintiff appeals. We reduce the amount of the lien by 25 percent for statutory attorney fees. (§ 14124.72, subd. (d).) In all other respects, we affirm. FACTS

All statutory references are to the Welfare and 1

Institutions Code unless otherwise stated.

Salomon G. Martinez was a victim of medical malpractice. A doctor failed to properly treat an infection. As a result, Martinez was required to undergo surgery and suffered permanent injury. He applied for and received $86,676.46 in Medi-Cal payments to repair the damage caused by the negligent doctor. Martinez sued the doctor and settled for $150,000. The settlement did not apportion the amount between medical expenses and other damages. The Department sent Martinez’s counsel notice of a Medi-Cal lien in the amount of $86,676.46. Martinez and the Department attempted to negotiate the amount of the lien without success. The Department brought a motion requesting that the trial court determine the amount of the lien. The trial court determined the value of Martinez’s case by adding $250,000, the maximum amount of noneconomic damages allowed under the Medical Injury Compensation Reform Act (MICRA) (Civ. Code, § 3333.2), to the $86,676.46 in medical costs, for a total of $336,676.46. The trial court then calculated that the $150,000 settlement represented 45 percent of the $366,676.46 value of the case. The court awarded the Department 45 percent of its $86,676.46 claim; that is, $39,004.41. DISCUSSION I Martinez contends the trial court erred in determining the value of his case. Martinez argues the actual value of his case was $3 million, including $171,000, representing the original hospital billing for medical treatment; $300,000 for lost future wages, calculated at