Opal Anderson Jack Davis Sherry Ewalt Doris Francisco Estate of David E. Rickerts Shirley Rickerts v. Michael Willden Kenny Guinn Brian Krolicki

This is an action brought by Nevada residents who allegedly suffered smoking-related illnesses for which they received state-administered medical care under the Medicaid program. They seek certain benefits from Nevada or its officials arising out of the multi-state tobacco settlement reached between major tobacco companies and 46 States.

The plaintiffs’ claim is indistinguishable from that brought by similar Hawai’i plaintiffs in Cardenas v. Anzai, 311 F.3d 929 (9th Cir.2002), and Cardenas forecloses their claims. Among other things, Cardenas held that the plaintiffs’ claims of entitlement to any part of the settlement funds were wholly barred by 42 U.S.C. § 1396b(d)(3)(B)(ii), which authorized the settling States to “use amounts recovered or paid to the State as part of a comprehensive or individual settlement ... for any expenditures determined appropriate by the State.” Cardenas, 311 F.3d at 939 .

Only one claim advanced by the plaintiffs here arguably differs from those put forth in Cardenas . The plaintiffs here contend that they are entitled to notice and an accounting when Nevada attempts to recoup Medicaid payments from the estates of plaintiffs by imposing and enforcing…