DPW Payments Not Bound By 2 Year Statute of Limitations

Posted on: July 10th, 2012       Attorney Thomas Newell

A November 2008 decision by the Commonwealth Court of Pennsylvania reviewed the Statute of Limitations concerning the recovery of medical expenses paid on behalf of a PA personal injury victim.  A lawsuit was filed in Allegheny County PA by a Pennsylvania personal injury lawyer claiming that a young boy was the victim of negligence by doctors and hospital staff.

Unfortunately, the PA personal injury claim was not filed until more than 2 years after the medical care was provided.  Therefore, the claim for the medical bills was dropped before the Pennsylvania personal injury claim was resolved.  The Department of Public Welfare had paid the medical bills and they sued to recover their payments.

The PA Commonwealth Court overruled the trial judge and ordered that DPW be given the opportunity to prove its case even though the boy’s medical bills were not accounted for by the jury in its verdict in favor of the PA personal injury victim.  Jordan v. Western Pennsylvania Hosp., 961 A.2d 220 (Pa. Cmwlth. 2008)