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KAIN v. DEPT. OF HEALTH SERVICES

No. B144391.

109 Cal.Rptr.2d 891 (2001)

91 Cal.App.4th 325

Karen KAIN et al., as Guardians, etc., Plaintiffs and Appellants, v. STATE DEPARTMENT OF HEALTH SERVICES, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

Review Denied November 20, 2001.

Attorney(s) appearing for the Case

Andrew M. Wolf, Ventura, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General of the State of California; Charlton G. Holland, III, Senior Assistant Attorney General; John H. Sanders, Supervising Deputy Attorney General; Susan A. Nelson, Deputy Attorney General, for Defendant and Respondent.

COFFEE, J.

Welfare and Institutions Code section 14124.70 et seq., allows the state to place a lien on a settlement or judgment obtained by a Medi-Cal beneficiary against a third party when Medi-Cal payments were used to treat an injury for which the third party is liable. We conclude that an award under the National Vaccine Injury Compensation Program (NVICP) (42 U.S.C. § 300aa-1 et seq.) is a judgment from which a Medi-Cal lien may be recovered.

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