United States Tenth Circuit

In the Oklahoma Health Care Authority (OHCA)'s appeal from the district court's order allotting part of a malpractice settlement to OHCA in full satisfaction of the lien, the order is reversed where the district court correctly construed Oklahoma law but erred in finding that the settling parties had proved by clear and convincing evidence that only $67,666.67 of the settlement could be attributed to medical care paid by Medicaid.

Appellate Information

• Decided 06/17/2010
• Published 06/17/2010

Judges

• HARTZ, Circuit Judge., Before BRISCOE, Chief Judge, HENRY and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Ashley D. Williams (also known as Ashley Kemp), Deputy General Counsel, (Howard J. Pallotta, Director of Legal Services, with her on the brief), Oklahoma Health Care Authority, Oklahoma City, OK, for Defendant-Intervener-Appellant., Kenyatta R. Bethea (Dan L. Holloway and Marissa T. Osenbaugh with her on the brief), Holloway, Bethea & Osenbaugh, Oklahoma City, OK, for Stacy Price, Chad James and K.J., Plaintiffs-Appellees., Spencer B. Housley (John Wiggins with him on the brief), Wiggins Sewell & Ogletree, Oklahoma City, OK, for Dale Wolford, D.O., Defendant-Appellee.