The 9th Circuit reversed the District Court’s order for summary judgment and found in favor of Blatchford. The case involved application of 25 U.S.C. 1621e to a case between the injured party and the health provider. The court found the statute provides the provider a right of recovery only against third parties, not to the individual Indian who received care from the provider.
District Court’s Order for Summary Judgment
Appellant’s Brief
Reply Brief
Turtle Talk 
This was an unusual case, in that the patient sued the tribal organization to establish rights in insurance proceeds sitting in the attoreny’s trust acount. The tribal organization countersued over the insurance proceeds. The Court says under the IHCIA a tribal organization can sue the patient’s insurer but not the patient. The Court leaves unanswered the extent to which a tribal organization can “follow the money” into an attorney’s trust account, but it appears that if the insurer pays the patient without settling with the tribal organization over medical care, the insurer may end up paying twice.