PRESENT: Goodwyn, C.J., Mims, Powell, Kelsey, McCullough, and Chafin, JJ., and Koontz, S.J. AMIR FARAH OPINION BY v. Record No. 201413 JUSTICE STEPHEN R. McCULLOUGH FEBRUARY 17, 2022 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MEDICAL ASSISTANCE SERVICES FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Brett A. Kassabian, Judge Amir Farah suffered catastrophic injuries in a car accident. The Commonwealth’s Medicaid program paid for a portion of his extensive subsequent medical care. This entitles the Commonwealth to a lien on the proceeds of a verdict or settlement of claims arising out of the accident, but only on that portion of the recovery that represents his Medicaid-funded care. Farah sued the driver who caused the accident and the case settled. The Circuit Court of Fairfax County then conducted a hearing to determine what portion of the settlement is subject to the Medicaid lien. Disappointed with the result the circuit court reached, Farah appeals. For the reasons noted below, we conclude that Virginia’s apportionment statute does not conflict with precedent from the United States Supreme Court, and, further, that the factual findings of the circuit court must be sustained under the applicable deferential standard of review. Accordingly, we will affirm the judgment below. BACKGROUND Farah, who worked as a cab driver, was gravely injured in a head-on crash. The driver who caused the collision was in the wrong lane of travel. Farah received Medicaid benefits following the crash. Farah sued the driver of the vehicle that struck him. His complaint sought $3 million in compensatory damages and $350,000 in punitive damages. The parties ultimately settled the dispute for $375,000 (the policy limits of insurance coverage plus a $25,000 personal contribution from the driver). The Virginia Department of Medical Assistance Services (“DMAS”) asserted a lien in the amount of $96,481.40 against the settlement proceeds for medical services provided to Farah. App. 189, Joint Stipulations § B,1. 1 The parties were unable to agree on the amount of a reduction for the Medicaid lien. Farah filed a motion to apportion his settlement under Code § 8.01-66.9. He requested a hearing to apportion the Medicaid lien, and the court granted him one over the Commonwealth’s objection. Prior to the hearing, Farah and DMAS agreed to certain stipulations of fact. The stipulations detail the extensive injuries Farah suffered in the accident, including fractures of the skull, face, leg, and foot bones, as well as knocked out front teeth. He underwent over 20 surgeries and was in the intensive care unit (“ICU”) for over a month, followed by a period of rehabilitation. While in the ICU, Farah’s jaw was wired shut and he was fed through a feeding tube in his stomach. He sustained cosmetic disfigurement from the injuries to his nose and his knocked out front teeth, which have not been corrected, and he has scars from his surgery on his legs and neck. The stipulations provide that “[t]he retail price of Mr. Farah’s claimed medical expenses from the 6/17/2018 crash total[s] $591,483.71.” Farah still owes over $62,000 …
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