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GISTER v. AMERICAN FAMILY MUT. INS. CO.

No. 2009AP2795.

818 N.W.2d 880 (2012)

2012 WI 86

Jaymie A. GISTER, Ethan A. Gister, a minor by his Guardian ad Litem, David E. Sunby, and Jared L. Ellis, a minor by his Guardian ad Litem, David E. Sunby, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant, Saint Joseph's Hospital of Marshfield, Inc., Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided July 11, 2012.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Timothy W. Feeley , Sara J. MacCarthy and Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee, and oral argument by Timothy W. Feeley .

For the plaintiff-appellant there was a brief by David E. Sunby , Rhonda L. Lanford and Habush Habush & Rottier S.C., Wausau, and oral argument by Rhonda L. Lanford .

An amicus curiae brief was filed by Matthew A. Biegert and Doar, Drill & Skow, S.C., New Richmond, for the Wisconsin Association for Justice.

MICHAEL J. GABLEMAN, J.

¶ 1 We review an unpublished, per curiam decision of the court of appeals,1 reversing a declaratory judgment of the Dane County Circuit Court, Patrick J. Fiedler, Judge.

¶ 2 We are asked to decide whether a charitable hospital may pursue payment for medical care provided to a Medicaid-eligible patient by filing a lien against a settlement between the patient and an insurance company covering the...

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