Insurance
FBMJ’s Kim Sveska Wins Daubert Challenge
Congratulations to Foley, Baron, Metzger & Juip Member, Kim Sveska, for a recent successful Daubert win in a potentially high-damages medical malpractice case. A Daubert win is based on a standard which instructs judges to consider several factors related to expert witness reliability and testimony, as well as the relevance of the testimony to the case. Judges must make sure the scientific b
Congratulation to Sarah Cherry on Medical-Malpractice Dismissal
Foley, Baron, Metzger & Juip attorney, Sarah Cherry, was successful in obtaining another medical malpractice case dismissal on behalf of her hospital client involving an infected implantable cardioverter defibrillator (ICD), which allegedly migrated and perforated a patient’s colon. As required under Michigan law, Plaintiff served a notice of intent related to the ICD. Plaintiff then filed a
Stacey McDaniel Joins FBMJ as Associate Principal
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Stacey McDaniel as an Associate Principal with the firm.Stacey’s practice focuses on defending health care professionals and organizations in complex medical malpractice claims. Her areas of expertise include neurosurgery, anesthesiology, orthopedics, neurology, birth trauma, cosmetic surgery, ophthalmology, ped
FBMJ Attorneys Present to Emergency Medicine Residents
Foley, Baron, Metzger & Juip attorneys Enrico Tucciarone, Brian Whitelaw, & Silvia Mansoor recently conducted an educational mock deposition for emergency medicine residents of a major healthcare system in metro-Detroit earlier this week. Special thanks to the hospital’s Resident “victim” for playing the role of a defendant physician, while FBMJ attorneys grilled the physician on top
No Cause Defense Verdict for FBMJ Attorneys in Medical Malpractice Case
Foley, Baron, Metzger & Juip attorneys Brian Whitelaw and Sarah Cherry recently obtained a Defense Verdict (No Cause) in a two-week medical malpractice jury trial in Wayne County Circuit Court. Brian and Sarah represented a major hospital system, a professional corporation, and an Emergency Medicine physician in a claim involving a 38-year-old female presenting to the emergency department with
2024 Limitation on Noneconomic Damages in Medical Malpractice Cases in Michigan
On January 31, 2024, the Michigan Department of Treasury released its adjusted 2024 limitations on noneconomic damages for medical malpractice claims. The “upper cap” has been adjusted to $1,016,000 (increased from $960,500 in 2023), and the “lower cap” has been adjusted to $569,000 (increased from $537,900 in 2023). Michigan has limited the total amount of damages that can be recovered
Congratulations to FBMJ Attorneys Rodey and Richtarcik for Successful Motion to Dismiss
Congratulations to FBMJ attorneys Cathy Rodey and Brian Richtarcik on a successful Motion to Dismiss in Wayne County Circuit Court before Judge Kathleen McCarthy. The complicated case claimed negligence, gross negligence, IIED, wrongful death, and violations of two provisions of the Elliot Larsen Civil Rights Act against FBMJ’s defendant physician. FBMJ argued, among other things, that the claim
Nicole Joseph-Windecker Receives MDTC’s 2023 Golden Gavel Award
Nicole Joseph-Windecker was recently honored as one of two 2023 recipients of the Michigan Defense Trial Counsel’s (MDTC) Golden Gavel Award.The Golden Gavel Award is presented to a lawyer who has practiced law for 10 years or less and who, according to the MDTC, “exemplifies significant contribution to professionalism and courtesy in the practice of law and by promoting the image and honorabl
2023 Limitation on Noneconomic Damages
On January 31, 2023, the State of Michigan Department of Treasury published the 2023 limitations on noneconomic damages for claims alleging medical malpractice. The “upper cap” is now adjusted to $960,500 (an increase of $73,000 from last year). The “lower cap” is now adjusted to $537,900 (an increase of $40,900 from last year).Michigan has recognized limitations on the total amount of
Supreme Court Lowers Bar to Prove Agency, Increases Risk of Hospital Liability
In a 4-3 order published last week, a majority of the Michigan Supreme Court reversed a Court of Appeals (COA) decision such that a plaintiff can more easily establish ostensible agency – that a hospital is liable for the actions of a non-employed provider. A vehement dissent that included the Court’s chief justice said that the outcome of this easing of a medical malpractice plaintiff’s bur