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COM., DEPT. OF MED. ASST. SERVS. v. HUYNH

Record No. 001881.

546 S.E.2d 677 (2001)

262 Va. 165

COMMONWEALTH of Virginia, DEPARTMENT OF MEDICAL ASSISTANCE SERVICES, v. Virginia HUYNH, An Infant, By Her Mother and Next Friend, Tien Ha, et al.

Supreme Court of Virginia.

June 8, 2001.

Attorney(s) appearing for the Case

Ashley L. Taylor, Jr., Deputy Attorney General (Mark L. Earley, Attorney General; William H. Hurd, Solicitor General; Siran S. Faulders, Senior Assistant Attorney General; Eone M. Beck, Special Counsel, on briefs), for appellant.

Judith M. Cofield (Carlton Bennett; Bennett & Zydron, on brief), Virginia Beach, for appellees Virginia Huynh, an infant, etc., Tien Ha, and Vinh Huynh.

No brief or argument for appellee Steven A. Miller, M.D.

Present: All the Justices.

KOONTZ, Justice.

The dispositive issue in this appeal is whether the authority granted by Code § 8.01-66.9 to a trial court to reduce a lien in favor of the Commonwealth for medical services rendered to an infant injured by the alleged negligence of her physician permits the trial court to exclude the Commonwealth from receiving any portion of the infant's settlement with the physician.

BACKGROUND

The material facts are not disputed. Virginia...

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