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May 2024

FBMJ Attorneys Successful in MSD of In Pro Per Case

A big shout out to FBMJ attorneys Brian Whitelaw and Cathy Rodey for the dismissal of a very complicated in pro per Complaint against a major healthcare system in the metro-Detroit area. Briefly, the plaintiff sought treatment for an oral infection while pregnant. Oral Surgery was called, and the patient was admitted and treated. Her child was later born with a genetic disorder, which she blamed on the treatment of her infection.

Prior to filing suit, plaintiff claimed malpractice in treating her infection, which she claimed caused irreparable harm, as well as raising her child’s genetic problem as damages. She claimed her lawyers initially told her they could not prove malpractice because the records did not support it. This was allegedly due to an incomplete set of records received from the medical records company used by the hospital. After further requests for and receipt of records, plaintiff claimed her lawyers reviewed the full set and advised she did have a valid malpractice claim, but the statute of limitations (SOL) had run.

Nevertheless, the plaintiff filed a suit essentially alleging malpractice couched as fraud, with no notice of intent (NOI) and no affidavit of meritorious defense (AOMD). FBMJ attorneys developed a plan to defend the Complaint, drafted the motion for summary disposition (MSD), and handled the oral argument before Wayne Co. Judge Adel Harb, who issued an order granting the MSD. He held: IT IS HEREBY ORDERED that Defendant’s Motion for Summary Disposition is hereby granted as this is both a medical malpractice claim and, even if that were to not be thecase, Plaintiff has not satisfied the required elements for fraud.

Congratulations Brian Whitelaw and Cathy Rodey for their success in this case!