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HEDGEBETH v. MEDFORD

74 N.J. 360 (1977)

378 A.2d 226

WILLIAM HEDGEBETH, AN INFANT BY HIS GUARDIAN AD LITEM, BERTHA E. MEEK AND BERTHA E. MEEK, INDIVIDUALLY, PLAINTIFFS, v. LEONARD E. MEDFORD, SR., DEFENDANT.

The Supreme Court of New Jersey.

Decided September 21, 1977.

Attorney(s) appearing for the Case

Mr. Myron J. Bromberg argued the cause for appellants amici curiae Trial Attorneys of New Jersey and the New Jersey State Bar Association (Mr. Joseph Mezzacca, Jr., attorney and on the brief).

Mr. Robert E. Popkin, Deputy Attorney General, argued the cause for respondent Division of Medical Assistance and Health Services (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Popkin, on the brief).

The opinion of the court was delivered by PASHMAN, J.

The single question in this case is whether the State's right of subrogation under the New Jersey Medical Assistance and Health Services Program (Medicaid), pursuant to N.J.S.A. 30:4D-7(j), is governed by equitable principles. The State asserts that principles of equitable subrogation normally applied to private insurance carriers are inapplicable under the instant statute. Accordingly, it argues that in...

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