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ALASKA NATIVE HEALTH CONSORT. v. E.R.

Nos. S-10662, S-10696, S-10785.

84 P.3d 418 (2004)

ALASKA NATIVE TRIBAL HEALTH CONSORTIUM, d/b/a Alaska Native Medical Center, Appellant, v. SETTLEMENT FUNDS HELD FOR OR TO BE PAID ON BEHALF OF E.R., a minor, by and through his legal guardian, Martha RIDLEY, Appellee. Alaska Native Tribal Health Consortium, d/b/a Alaska Native Medical Center, Appellant/Cross-Appellee, v. Settlement Funds Held for or to be Paid on Behalf of David W. Warden, Appellee/Cross-Appellant.

Supreme Court of Alaska.

Rehearing Denied April 2, 2004.

Attorney(s) appearing for the Case

Peter J. Aschenbrenner, Aschenbrenner Law Offices, Inc., Fairbanks, for Appellant/Cross-Appellee Alaska Native Tribal Health Consortium.

J. Mitchell Joyner, Law Office of J. Mitchell Joyner, Anchorage, for Appellee E.R.

Robert A. Rehbock, Rehbock & Rehbock, Anchorage, for Appellee/Cross-Appellant David W. Warden.

Before: BRYNER, Chief Justice, MATTHEWS, FABE, and CARPENETI, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

In this consolidated appeal1 we address whether the Alaska Native Tribal Health Consortium (the Consortium) can enforce a health care provider lien on settlement proceeds received by Alaska Native patients from third-party tortfeasors. If we determine that such a lien can be enforced, the principal question that follows is whether...

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