Annette M. Kittle and Wheeling Dollar Savings & Trust Co., Guardians of Jeffrey Wayne Van Dyne, a.k.a. Jeffrey W. Kittle, an infant under the age of eighteen years v. Reva June Icard and Taunja Willis Miller, Commissioner of the West Virginia Department of Human Services, No. 19718 (W. Va. May 23, 1991) (Brotherton, J.): 185 W.Va. 126, 405 S.E.2d 456:
Where Department of Human Services sought full subrogation for Medicaid benefits paid on behalf of two-year-old who was severely injured in an automobile accident, but whose recovery against the tortfeasor fell far short of full compensation for his injuries, the Court held that because subrogation is an equitable concept, full subrogation is not mandated under W. Va. Code § 9-5-11 for Medicaid benefits paid by the Department of Human Services.