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March 2024

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 an amended NOI realleging the ICD issues and subsequent ED presentation and added a new defendant. Due to the allegations in the initial notice of intent, Plaintiff’s amended NOI did not toll the statute of limitations as to the Defendant hospital. Sarah filed a Motion for Summary Disposition arguing that the statute of limitations expired. Given the lack of defenses to the Motion, Plaintiff ultimately agreed to dismiss the Defendant hospital from the case.