Martinez

*372 In Arkansas Dept. of Health and Human Servs. v. Ahlborn (2006) 547 U.S. 268 , 126 S.Ct. 1752 , 164 L.Ed.2d 459 ( Ahlborn ), the Supreme Court held that a state's lien on a Medicaid recipient's tort settlement is limited to the recipient's medical costs.

Here we hold that where a tort settlement in a medical malpractice case does not allocate between medical and noneconomic costs, the noneconomic damages may not exceed $250,000, the maximum allowed under the Medical Injury Compensation Reform Act (MICRA) ( Civ. Code, § 3333.2 ).

The California Department of Health Care Services (Department) moved to determine the amount of a Medi-Cal lien on the settlement of plaintiff's medical malpractice action. ( Welf. & Inst. Code, § 14124.76, subd. (a) 1 .) The trial court determined the amount of the lien to be $39,004.41. Plaintiff appeals. We reduce the amount of the lien by 25 percent for statutory attorney fees. (§ 14124.72, subd. (d).) In all other respects, we affirm.

FACTS

Salomon G. Martinez was a victim of medical malpractice. A doctor failed to properly treat an infection. As a result, Martinez was required to undergo *373 surgery and suffered permanent injury. He applied…