News Categories: Healthcare Issues

January 2021

2021 Michigan NonEconomic Damages Announced

On January 27, 2021, the State of Michigan Department of Treasury released the 2021 limitations on noneconomic damages in medical malpractice cases. The “upper cap” limitation was adjusted to $851,000. The “lower cap” was adjusted to a limitation of $476,600. Michigan has placed a limitation on the total amount of damages

October 2020

Michigan Gov. Signs Law Giving Healthcare Facilities Liability Protections

On October 22, 2020, Governor Whitmer signed into law House Bill 6159, creating a Pandemic Health Care Immunity Act to protect health care workers against liability for claims arising out of care provided in response to the COVID-19 pandemic. This law was part of a package of COVID-related bills signed

September 2020

Pharmacies Can Be Sued For Ordinary Negligence But Not Medical Malpractice

By: Nicole Joseph-Windecker In its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative. v. Plumbrook Pharmacy, et al., the Michigan Court of Appeals held that pharmacies cannot be sued for medical malpractice as a matter of law. This ruling on September 17 was consistent with

September 2020

Attorney Anthony Pignotti Authors Article on COVID-19 Executive and Administrative Orders and Their Impact on the Legal System for MDTC Quarterly

FBMJ attorney Anthony Pignotti authored “Summary and Analysis of Executive and Administrative Orders Issued in Response to the COVID-19 Pandemic and Their Impact on the Legal System” for the September 2020 issue of Michigan Defense Quarterly Volume 37, No. 1 – 2020. The article addresses how COVID-19-related executive and administrative orders

July 2020

Carlos Escurel Joins Foley, Baron, Metzger & Juip, PLLC as an Associate Principal

Foley, Baron, Metzger & Juip, PLLC, is pleased to announce that Carlos Escurel has joined the firm as an Associate Principal. Escurel brings extensive experience in the area of medical malpractice to the firm, having defended healthcare professionals and institutions for over 17 years. His primary focus is handling complex medical