Oral arg. – Miss.S.Ct. – Jan. 13, 2016

At 1:30, the Court will hear John Brown v. Collections, Inc. as Authorized Representative of Gulfport Memorial.

In 2008, Brown went to the ER at Gulfport Memorial complaining of severe pain and weakness on his left side. He was discharged with a diagnosis of a headache.  He was eventually diagnosed with a stroke.

The issue here is Brown’s 45,000  medical bill. Brown maintained that he should not have been charged for all the extra tests that resulted from the hospital’s failure to diagnose his stroke.  When Blue Cross paid out Brown (it made the check out to Brown because Gulfport Memorial was not a preferred provider), Brown cashed the check instead of paying Memorial. Collections, an agent of Memorial,argues that any recoupment claimed by Brown is barred by the one year SOL for suing a state hospital.  The trial court ruled against Brown and he appealed.

Brown’s brief

Collections’ brief

Brown’s reply brief

Watch the argument here

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