Pirrello v. Maryville Academy, Inc., 19 N.E.3d 1261

Pirrello injured at Maryville Academy in 2005 (age 16); injury led to medical expenses incurred before age 18.
Plaintiff filed suit July 16, 2009 after turning 18; no Act claim asserted for pre-18 expenses.
Parents divorced; Pirrello was covered by father’s health insurance; bills sent to father’s insurer.
Father never assigned his Act rights to Pirrello and did not join the suit.
Trial court granted partial summary judgment that Act claim for pre-18 expenses was time-barred and denied leave to add father as party.
Appellate court affirmed, holding relation-back cannot revive untimely Act claim absent assignment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether pre-18 medical expenses under the Act are time-barred	Pirrello seeks relation-back to original complaint	Act claim untimely since not asserted before 18	Time-barred
Whether relation-back can revive an untimely Act claim by adding father	Relation-back should apply since owner knew of damages	No assignment and untimely claim; relation-back not applicable	Relation-back cannot revive untimely claim
Whether lack of assignment defeats Pirrello’s standing to pursue Act claim	Assignment existed/should be implied	No assignment; plaintiff lacks standing	No standing; claim time-barred

Porter v. Decatur Memorial Hospital, 227 Ill. 2d 343 (Ill. 2008) (relation-back analysis with same-transaction requirement)
Bauer v. Memorial Hospital, 377 Ill. App. 3d 895 (Ill. App. 2007) (parents may recover medical expenses under the Act; assignment possible)
Proctor Hospital v. Taylor, 279 Ill. App. 3d 624 (Ill. App. 1996) (parents' obligation extends to minor’s medical expenses; coextensive with injury action)
Janitis v. Christensen, 200 Ill. App. 3d 581 (Ill. App. 1990) (parents may bring action for child’s medical expenses; assignment discussions)
Clark v. Children’s Memorial Hospital, 2011 IL 108656 (Ill. 2011) (parental obligation ends at majority; post-majority liability limited)