News Categories: Insurance

March 2024

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

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

February 2024

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

October 2023

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.

March 2023

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

January 2023

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

December 2022

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

December 2022

New COA Opinions Today: Denney Damages Allowed in Certain Medical Malpractice Cases

In two published opinions released today, the Court of Appeals affirmed that plaintiffs in wrongful death medical malpractice cases can recover what have come to be known as Denney damages – the lost future earning capacity of the decedent. Such damages are recoverable when there is a sufficient evidentiary basis

September 2022

FBMJ Attorneys Baron & McCann Publish Article – Hydrogen Blending: Protecting Against Manufacturer Liability

FBMJ attorneys, Richard Baron and Matthew McCann recently published the article, “Hydrogen Blending: Protecting Against Manufacturer Liability,” in Today’s Boiler, the official magazine of the American Boiler Manufacturers Association. The cover-story article focuses on the time-sensitive topic of hydrogen-blending (HB), a process of blending hydrogen and natural gas with a