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WHELAN v. DIVISION OF MEDICAL ASSISTANCE

No. 96-P-1083.

44 Mass. App. Ct. 663 (1998)

ELIZABETH WHELAN & others v. DIVISION OF MEDICAL ASSISTANCE.

Court of Appeals of Massachusetts, Worcester.

April 30, 1998.

Attorney(s) appearing for the Case

Elizabeth N. Mulvey (Andrew C. Meyer, Jr., with her) for the plaintiffs.

Salvatore M. Giorlandino, Assistant Attorney General, for the defendant.

Present: BROWN, DREBEN, & KASS, JJ.

KASS, J.

Elizabeth Whelan settled a medical malpractice claim against her mother's obstetrician for $2,000,000.2 Over seven years,3 beginning soon after Elizabeth's birth, the Commonwealth, through the Division of Medical Assistance (the division), had provided Medicaid benefits for her care. Upon receiving notice through a newspaper story of the judgment...

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