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BIDSTRUP v. DEPT. OF HEALTH AND FAMILY SERVICES

Nos. 00-1607, 99-CV-208, 99-CV-209, 99-CV-210, 99-CV-211, 99-CV-212, 99-CV-213, 99-CV-214, 99-CV-215.

247 Wis.2d 27 (2001)

2001 WI App 171

632 N.W.2d 866

Randal BIDSTRUP, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant. Myrtle COVIN, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant. Jan HENDRICKSON, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant. Ellen HRBEK, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant. Mark JOHNSON, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant. Brian VIPOND, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant. Raymond WALLER, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES. Defendant-Appellant. Laura WISNIEWSKI, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 7, 2001.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Bruce A. Olsen, assistant attorney general.

On behalf of the plaintiffs-respondent, the cause was submitted on the brief of Gregory P. Seibold of Murphy & Desmond, S.C., Madison.

Before Dykman, P.J., Vergeront and Roggensack, JJ.

¶ 1. DYKMAN, P.J.

The Department of Health and Family Services (DHFS) appeals from an order directing it to grant Medical Assistance benefits to the eight Respondents, after some of the Respondents prevailed in a related federal suit. DHFS argues that the Respondents' claims for these benefits are barred by a number of statutory and common law rules. The Respondents counter that they should be allowed to maintain their claims because they did not receive proper...

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