McVey v. M.L.K. Enters., LLC

McVey sued for injuries she sustained after a waitress dropped a tray on her foot. Memorial Hospital of Carbondale treated her. McVey settled the lawsuit for $7,500, then filed a petition to adjudicate liens. The hospital’s lien was $2,891.64. In addition to attorney fees, McVey allegedly incurred litigation costs of $846.66 in securing the settlement. The trial court entered an order recognizing that under the Health Care Services Lien Act (Act) (770 ILCS 23/10), no individual licensed category of health care professional or health care providers may receive more than one-third of the award or settlement, so that the hospital could recover no more than $2,500. The court acknowledged precedent holding, that in order to ensure that a plaintiff receives 30% of the judgment, the computation of the amount available to health care providers should not begin until costs associated with bringing the case and securing payment have been deducted, but refused to deduct attorney fees and costs before calculating the amount available to the hospital. The appellate court reversed and remanded. The Illinois Supreme Court reversed, holding that hospitals are not required to contribute to the costs of litigation. View "McVey v. M.L.K. Enters., LLC" on Justia Law