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GONCALVES v. RADY CHILDREN'S HOSPITAL SAN DIEGO

No. 15-55010.

865 F.3d 1237 (2017)

Lucas GONCALVES, a Minor, BY AND THROUGH his Guardian Ad Litem, Tony GONCALVES, Plaintiff-Appellee, v. RADY CHILDREN'S HOSPITAL SAN DIEGO; Does, 1 through 30, Inclusive, Defendants, and Blue Cross & Blue Shield of Massachusetts; Anthem Blue Cross Blue Shield of New Hampshire; Blue Cross of California, Movants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2017.

Attorney(s) appearing for the Case

Anthony F. Shelley (argued) and Dawn E. Murphy-Johnson , Miller & Chevalier Chartered, Washington, D.C., for Movants-Appellants.

Victoria E. Fuller (argued) and David Niddrie , Niddrie Addams Fuller LLP, San Diego, California; Amy R. Martel and Cynthia R. Chihak , Cynthia Chihak & Associates, San Diego, California; for Plaintiff-Appellee.

Steven M. Bronson , The Bronson Firm APC, San Diego, California; David M. Arbogast , Arbogast Law, Playa Del Rey, California; for Amicus Curiae Consumer Attorneys of California.

Dissent by Judge Wardlaw.

OPINION

OPINION

Blue Cross Blue Shield of Massachusetts, Anthem Blue Cross Blue Shield of New Hampshire, and Blue Cross of California (collectively, "the Blues") asserted a lien against Lucas Goncalves's putative future settlement proceeds in an ongoing...

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