Skip to main content

In re E.B.

Citations

  • 229 W. Va. 435
  • 729 S.E.2d 270
  • 2012 WL 2368978
  • 2012 W. Va. LEXIS 314

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the ratio formula was a permissible method for calculating the amount of the settlement to the recipient’s medical expenses, for purposes of determining the Department’s subrogation lien interest
  • explaining the process of obtaining the Medicaid program’s consent regarding the allocation of the portion of a settlement that represents a program recipient’s past medical expenses
  • affirming reliance on amounts billed to Medicaid to establish amount of future medical expenses in the absence of credible evidence of how much Medicaid would have actually paid
  • “There can be no question that the Ahlborn formula is not the only method of allocation to be followed. There is nothing in the Ahlborn decision that compels the use of the formula applied in that case.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Benjamin, Davis, File, Ketchum, Reserves, Right, Workman

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

44 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.