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SCOTT v. STATE EX REL. D. OF HUMAN SERV.

No. 88-667.

438 N.W.2d 834 (1989)

Kathryn SCOTT and Donald Walter Scott, Jr., Individually, and Kathryn Scott and Donald Walter Scott, Jr., As Conservators for Donald Walter Scott III and Deanne Scott, Minors, Appellees, v. STATE of Iowa ex rel. DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 12, 1989.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and Stephen C. Robinson, Asst. Atty. Gen., for appellant.

Theodore T. Duffield and Douglas A. Haag of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, Des Moines, and Edward T. Harvey, Jr. of Mullin, Mullin & Harvey, Creston, for appellees.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and SNELL, JJ.

HARRIS, Justice.

After a three-year-old child was severely injured in a farm-related accident, the department of human services provided medical assistance benefits for his care and treatment. A later tort action brought on behalf of the child was settled. This suit concerns the extent of the department's right to recoup from the settlement proceeds. The department contends it is entitled to recover the full amount of benefits it provided. The trial court allowed...

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