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WALDMAN v. CANDIA

722 A.2d 581 (1999)

317 N.J. Super. 464

William WALDMAN, Commissioner, Department of Human Services, State of New Jersey and Velvet G. Miller, Director, Division of Medical Assistance and Health Services, State of New Jersey, Plaintiffs/Intervenors-Appellants, v. Lisa Ann CANDIA, Rose Mary Candia and Michael Candia, Plaintiffs-Respondents, v. Vito Francis Pakonis and Clara Maass Medical Center, Defendants. William Waldman, Commissioner, Department of Human Services, State of New Jersey and Karen Squarrel, Acting Director, Division of Medical Assistance and Health Services, State of New Jersey, Plaintiffs/Intervenors-Appellants/Cross-Respondents, v. Ayana Morris, an infant by her guardian ad litem, Jodi Morris and Jodi Morris, individually, Plaintiffs-Respondents/Cross-Appellants, v. Joseph A. Calvetto, Frank A. Cocco, Ocean Gynecological and Obstetrical Associates, Kimball Medical Center and Virginia Post, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 1999.

Attorney(s) appearing for the Case

Mary A. Hurley, Deputy Attorney General, for appellants (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Hurley, on the brief).

William C. Slattery, Short Hills, for the Candia respondents (Slattery, McElwee & Jespersen, attorneys; Mr. Slattery, on the brief).

Bruce D. Vargo, Short Hills, for the Morris respondents/cross-appellants (Budd Larner Gross Rosenbaum Greenberg & Sade, attorneys; Cynthia A. Walters, on the brief).

Before Judges KESTIN, WEFING and CARCHMAN.

The opinion of the court was delivered by KESTIN, J.A.D.

These appeals, consolidated for the purpose of decision, raise the question whether, and to what extent, Medicaid payments made on behalf of two disabled young women must be reimbursed to the State after damages were recovered in settlements with tortfeasors for injuries associated with the disabilities. Both cases involve interpretations of federal Medicaid legislation, 42 U.S.C. §§ 1396a-1396u...

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