Posts Tagged ‘wrongful death’

Can State Medicaid Programs “Recover” a Victim’s Future Medical Expenses?

access_time Posted on: January 10th, 2022

On January 10th, the Supreme Court heard oral arguments on the Gallardo v. Marstiller case. The Court’s decision in this case will impact whether a state Medicaid program can seek reimbursement for past medical expenses from the portion of a tort recovery designated for the beneficiary’s future medical expenses. In 2008, Petitioner Gallardo—a thirteen-year-old student who lived in Florida—was struck by a truck after her school bus dropped her off after school. As a consequence, Petitioner Gallardo suffered debilitating physical injuries and brain damage. To this day, Petitioner Gallardo remains in a vegetative state.  In response, Petitioner Gallardo’s parents brought… read more »