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E.D.B. EX REL. D.B. v. CLAIR

No. 78 MAP 2008

987 A.2d 681 (2009)

E.D.B., an incapacitated person, by and through D.B. & J.R.B., Jr., Court-Appointed Guardians of the Estate and Person of E.D.B. v. Gerald CLAIR and Centre Community Hospital, a Corporation. Appeal of Commonwealth of Pennsylvania, Department of Public Welfare.

Supreme Court of Pennsylvania.

Decided December 29, 2009.

Attorney(s) appearing for the Case

Allen C. Warshaw, Department of Public Welfare, Jason William Manne, Lisa B. Dees, PA Department of Public Welfare, for Pennsylvania Department of Public Welfare.

Paul A. Hilko, Rosen Louik & Perry, P.C., Pittsburgh, for E.D.B., an Incapacitated person, through D.B. & J.R.B., Jr.

Paul K. Vey, Pittsburgh, Brian J. Bluth, McCormick Law Firm, Williamsport, for Center Community Hospital.

Michael M. Badowski, Margolis Edelstein, Camp Hill, for Gerald Clair.

Shanin Specter, Charles Lyman Becker, Kline & Specter, P.C., Philadelphia, for Amicus Curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice McCAFFERY.

The issue presented in this case is whether the Pennsylvania Department of Public Welfare (hereinafter "DPW") can obtain reimbursement from a tortfeasor for Medicaid expenditures made on behalf of a disabled minor when a claim therefor by the minor's parents is barred by the statute of limitations. We conclude that DPW can obtain such reimbursement, and accordingly reverse the decision of the Superior Court.

E.D...

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