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FITCH v. SELECT PRODUCTS CO.

No. E028592.

134 Cal.Rptr.2d 120 (2003)

108 Cal.App.4th 800

David Jay FITCH, a Minor, etc., et al., Plaintiffs and Respondents, v. SELECT PRODUCTS COMPANY et al., Defendants, State Department of Health Services, Claimant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

As Modified May 14, 2003.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, James Humes, Senior Assistant Attorney General, John H. Sanders, Supervising Deputy Attorney General, and John Venegas, Deputy Attorney General, for Claimant and Appellant.

Andrews & Hensleigh and Joseph Andrews, Los Angeles, for Plaintiffs and Respondents, Dianne Fitch, as Guardian ad Litem for David Jay Fitch and Kaci Dee Fitch and Bonnie Ann Fitch, individually.

OPINION

GAUT, J.

1. Introduction

When Medi-Cal has provided medical services to an indigent beneficiary, can the California Department of Health Services (Department) obtain reimbursement from the recovery made by the beneficiary's survivors in a wrongful death action? The short answer is, yes.

Nearly 10 years ago, Elan Jay Fitch died in September 1993 at age 43 leaving a wife and three children. As required by state and federal...

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