McMillian
McMillian v. Stroud
Opinion
Opinion
Maneela, J.
Appellant Christopher McMillian, through his guardian ad item, Marguerite McMillian, challenges the probate court’s order directing him to pay a lien issued by respondent State Department of Health Care Services (Department or respondent) under the Medi-Cal California Medical Assistance Program (Medi-Cal) (Welf. & Inst. Code, § 14000 et seq.). We affirm.
RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
Christopher McMillian, who was bom in 1990, contracted meningococcal meningitis, and has been totally disabled since February 1, 2001. Marguerite McMillian, his grandmother, is the tmstee of a special needs trust established for his benefit in 2001 (Prob. Code, § 3600 et seq.). In January 2002, he initiated an action for professional negligence against several physicians and private medical facilities. Marguerite McMillian and Sandra Mestas, his mother, also asserted claims for medical negligence and loss of consortium in the action. The plaintiffs in the action were represented by Attorneys Thomas V. Girardi of Girardi & Keese and Delores A. Yamall of Binder & Norris.
On January 13, 2004, appellants and Mestas filed a petition for approval of a proposed settlement of the…