Estate of Kimberly A. Hicks, Deceased, Key Trust Company of Ohio, N.A., Administrator - Page 20




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          of tragedy that the Hickses endured the way the Hickses endured             
          it, by drawing together to do the best for all the members of the           
          family.  Some families will be rent asunder in dividing large               
          amounts of money, and some parents will inevitably be tempted to            
          cheat their own children.  But Ohio foresaw that threat and                 
          created courts to forestall it.  Due regard for them again                  
          counsels us against upsetting the allocation of the settlement              
          here.                                                                       
               Our hesitation echoes the Supreme Court’s, which recently              
          noted the potential importance of State-court approval in similar           
          circumstances.  Ark. Dept. of Health & Human Servs. v. Ahlborn,             
          547 U.S. 268, 126 S. Ct. 1752, 1765 (2006).  Ahlborn involved a             
          statutory lien that Arkansas imposed on settlement proceeds                 
          received by accident victims.  The lien’s purpose was to                    
          reimburse the State for its Medicaid expenses in caring for the             
          victim, but the lien was limited to “medical expenses” that were            
          recovered.  Arkansas wanted to extend the lien to the entire                
          amount of any settlement proceeds, suspecting that the parties’             
          allocation of the settlement among various categories of damage             
          was done with an eye to minimizing the reach of the lien.                   
               To be sure, Ahlborn is not directly on point either, because           
          the Supreme Court did not actually rule on the argument that                
          court approval should shield an allocation from subsequent                  
          second-guessing.  But it did hint strongly in that direction:               







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