News & Community
Pennsylvania Injury Lawyers
Trial Court Holds Medical Assistance Payments Can Be Recovered In Car Accident CaseOn March 24, 2010, the trial court in the Court of Common Pleas of Lawrence County denyied the Defendants' Motion for Post trial relief in Squicquero v. Ross. This case involves a car accident where some of the plaintiff's medical bills were paid by the Department of Public Welfare (DPW). The Defendant argued that under the holding of Tristani v. Richman, 609 F.Supp. 2d 423 (W.D. Pa. 2009) that medical bills paid by DPW were not allowed to be recovered. The trial court rejected this argument and allowed the bills to be introduced. The trial court, in denying the post trial motion, holds that neither the holding in Tristani nor section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) precludes the plaintiff from recovering medical expenses paid for by DPW. Medical payments paid by DPW constitute payment by a "governmental agency" and not a "program, group contract or other arrangement" and DPW is not a "hospital plan or professional health service corp". Therefore, the DPW right of subrogation is not taken away by section 1720 of the MVFRL.
For a copy of the trial court opinion please feel free to contact Scott B. Cooper at Schmidt Kramer P.C.
Scott B. Cooper
717-232-6300
Free Initial Consultation
When you’ve been seriously injured, you have questions—turn to SchmidtKramer and speak with a lawyer today. Our Pennsylvania injury lawyers will walk you through the legal process and get you back on your feet. Call (800) 232-6301 or fill out a free online consultation form—it's yet another way to Talk to a Lawyer.
Our office is located in Harrisburg, making it convenient for us to serve clients throughout Pennsylvania, including Camp Hill, Carlisle, Chambersburg, Gettysburg, Juniata, Lancaster, Lebanon, Lewisburg, Lewistown, Mechanicsburg, Northumberland County, Palmyra, Perry County, Pottsville, Shippensburg, State College, Sunbury, and York.
Other Practice Areas
