In Barry v St Mary’s Hospital the Plaintiff treated at Defendant – St Mary’s – for injuries he sustained in a car wreck. The defendant asserted 3 liens against the Plaintiff’s personal injury claim which he had against a third party who was not involved in this case. The defendant eventually submitted two of the three bills to Plaintiff’s health insurance. The third remained a lien on the Plaintiff’s personal injury case.
Plaintiff filed suit against St Mary’s claiming several things, including consumer fraud, third party beneficiary, and breach of contract. In this lawsuit, the plaintiff claimed that the defendant must submit the medical bills to his health insurer. Refusal to do that was breach of contract and tortious.
The court rejected the Plaintiff’s claim. It held that neither the Lien Act or any contract required the medical provider to submit bills to the health insurer. It could maintain its lien against the case and refuse to bill the health insurer. Claims for breach of contract and tort could not lie.