McVey v. M.L.K. Enterprises, LLC, 32 N.E.3d 1112

McVey sued for injuries from a restaurant incident on Oct. 9, 2010; settled with the defendant for $7,500.
Hospital treated McVey for the foot injury and filed a lien for $2,891.64.
Other lienholders (CACI and Cape Radiology) were identified but only the hospital appeared at hearing.
Trial court treated the $7,500 settlement as subject to the 30% cap for attorney fees and allowed the hospital to receive $2,500 under §10(c); costs were $846.66 and not fully addressed.
Appellate court reversed, following Stanton’s approach that (before this decision) attorney fees and costs should be deducted before computing the hospital’s lien.
Supreme Court held that §10 does not authorize deducting attorney fees or costs before calculating health care liens; Stanton is overruled; the lien must be based on the total verdict/settlement without deducting fees or costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §10 requires deducting fees before lien calculation.	McVey argues fees/costs should be deducted.	Hospital argues liens are calculated on total recovery before deductions.	No deduction; lien calculated from total verdict/settlement.

Wendling v. Southern Illinois Hospital Services, 242 Ill. 2d 261 (2011) (held hospitals not required to share litigation costs; supports no deduction of fees before lien calculation)