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FITCH v. SELECT PRODUCTS CO.

No. S116223.

31 Cal.Rptr.3d 591 (2005)

36 Cal.4th 812

115 P.3d 1233

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

Supreme Court of California.

August 1, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Andrea Hoch, Chief Assistant Attorney General, James Humes, Assistant Attorney General, John H. Sanders, John Venegas and Karen Ackerson-Brazille, Deputy Attorneys General, for Claimant and Appellant.

Andrews & Hensleigh, Joseph Andrews, Los Angeles, and John J. Aumer, Sherman Oaks, for Plaintiffs and Respondents.

KENNARD, J.

May a Medi-Cal lien for costs incurred in treating a decedent's final illness be asserted against a recovery in a wrongful death action when that recovery does not and could not include those medical expenses? The answer is "no."

I

Elan Jay Fitch (Fitch or decedent) contracted cancer while working for the Southland Corporation (Southland) as a diesel mechanic. Medi-Cal, a program administered by the California Department of Health Services...

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