DEPT. OF PUB. WEL. v. ST. JOSEPH'S MED. CTR.

No. 3-683A165.

455 N.E.2d 981 (1983)

INDIANA DEPARTMENT OF PUBLIC WELFARE AND FULTON COUNTY DEPARTMENT OF PUBLIC WELFARE, Appellants (Respondents below) v. ST. JOSEPH'S MEDICAL CENTER, Inc., Woodlawn Hospital and Phyllis Barrett, Appellees (Petitioners below).

Court of Appeals of Indiana, Third District.

Rehearing Denied January 11, 1984.


Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Gary L. Shaw, Deputy Atty. Gen., Indianapolis, for appellant Indiana Dept. of Public Welfare.

Alan D. Burke, Rochester, for appellant Fulton County Dept. of Public Welfare.

Robert W. Mysliwiec, South Bend, for appellees Saint Joseph's Medical Center, Inc. and Woodlawn Hosp.

Gregory S. French, Katherine A. Martin, Legal Services Program of Northern Indiana, Inc., South Bend, for appellee Phyllis Barrett.

Thomas A. Vogtner, Irene T. Adamczyk, Baker & Daniels, Indianapolis, for Methodist Hosp. of Indiana, Inc., amicus curiae.


HOFFMAN, Presiding Judge.

Appellee Phyllis Barrett and her husband, Earl, reside in Rochester, Indiana, with their six-year-old grandson, for whom they serve as legal guardians. Earl Barrett has been totally disabled and unable to work since 1975, entitling him to $479.60 per month in social security disability benefits. As additional income, the Barretts receive $82 per month in food stamps.

Between January 18...

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