West Virginia University Hospitals, Inc. v. Casey

499 U.S. 83 (1991)

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Nature of the Case

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Facts

P operates a hospital in West Virginia often used by Medicaid recipients living in southwestern Pennsylvania. Pennsylvania's Department of Public Welfare notified P of new Medicaid reimbursement schedules for services provided to Pennsylvania residents by the Morgantown hospital. P unsuccessfully objected to the new reimbursement rates on both federal statutory and federal constitutional grounds. After exhausting administrative remedies, P filed suit in Federal District Court under 42 U. S. C. §1983. Named as defendants (Ds) were Pennsylvania Governor Robert Casey and various other Pennsylvania officials. Counsel for P employed Coopers & Lybrand, a national accounting firm, and three doctors specializing in hospital finance to assist in the preparation of the lawsuit and to testify at trial. P prevailed at trial and the Court awarded fees pursuant to 42 U. S. C. § 1988. These included over $100,000 in fees attributable to expert services. Ds appealed in part the fee award. The Court of Appeals reversed as to the expert fees, disallowing them except to the extent that they fell within the $ 30-per-day fees for witnesses prescribed by 28 U. S. C. §1821. P appealed.