I hope you mean you spoke with OC, never speak with a CA. Yes you should have DV'd earlier but do not let that stop you from sending one now. Check your states collecting SOL and take that into consideration... maybe you can find some way to check back on when exactly he was in the hospital. Your insurance company should be able to tell you the dates of service. If it was after April 2003, he also has some added protection under HIPAA, so search the boards on that.
If they validate...
I would have him write a complaint to the hospital's billing department explaining the situation and advising them that it was their error in omitting this from the insurance claim. I would also include the insurance carrier info and advise them that they can attempt to re-submit if they wish. I'd also explain that since this was not your error you would like verification that this has been removed from all collection agency activity including reporting to the credit bureaus.
The next step would depend on their response. Hopefully they will just drop it, but if not... it might be worth his while to PFD with OC at that point to put it behind him.
EQ 787 EX 781 TU 737 11/17/07
*** I am not an attorney. If I was, I might not clip coupons. If you want legal advice, consult an attorney. If you want my personal opinion, feel free to consider my posts***