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February 2024

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 chest palpitations. After a thorough work up, the patient was discharged. Unfortunately, the patient passed away approximately 10- 12 hours after discharge and an autopsy revealed cardiac causes of death.

The trial involved testimony from 15 witnesses, including seven experts, the medical examiner, and various lay/treater witnesses.  Brian and Sarah also dealt with hot-topic issues during the trial including the changing laws involving ostensible agency, loss of earnings versus loss of earning capacity, personal consumption, and medical gaslighting.

The jury returned a unanimous verdict within 15 minutes and agreed that the Emergency Medicine physician did not commit medical malpractice. The theories against the professional corporation and the hospital system were vicarious for the action of the ER physician, so the verdict was in favor of all defendants.

Congratulations, Brian and Sarah!