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AFZALL EX REL. AFZALL v. COM.

Record No. 060767.

639 S.E.2d 279 (2007)

Adam AFZALL, an Infant, by and through his Parents and Next Friends, Sophia Afzall and Stephen Afzall v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 12, 2007.

Attorney(s) appearing for the Case

Gary B. Mims, Fairfax (Mary Catherine Sheridan; Zachary J. Desmond, on briefs), for appellant.

Stephen R. McCullough, Deputy State Solicitor General (Robert F. McDonnell, Attorney General; William E. Thro, State Solicitor General; William C. Mims, Chief Deputy Attorney General; Stephanie L. Hamlett, Deputy Attorney General; Chris Harris-Lipford, Senior Assistant Attorney General; J. David Taranto, Assistant Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and CARRICO, S.J.

OPINION BY Senior Justice HARRY L. CARRICO.

Adam Afzall, an infant then nine years of age, was severely injured by the negligence of a third party. The Department of Medical Assistance Services (DMAS), the Commonwealth's provider of benefits under the national Medicaid program, paid $419,809.56 for a portion of the costs of Adam's treatment related to those injuries. Adam, by his parents and next friends, Sophia and Stephen Afzall, brought an action against the third...

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