Is apportionment required in a medical malpractice case?

100. Thus, despite the general rule of apportionment, in a specific case apportionment might not be required if "it is impossible to differentiate between work done on claims." Gracie v. Gracie, 217 F.3d 1060, 1070-71 (9th Cir. 2000). The impossibility of exact apportionment does not relieve the district court of its duty to make some attempt to adjust the fee award in an effort to reflect an apportionment. In other words, apportionment or an attempt at apportionment is required unless the court finds the claims are so inextricably intertwined that even an estimated adjustment would be meaningless.

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