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Stacey McDaniel Joins FBMJ as Associate Principal

Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Stacey McDaniel as an Associate Principal with the firm.Stacey’s practice focuses on defending health care professionals and organizations in complex medical malpractice claims. Her areas of expertise include neurosurgery, anesthesiology, orthopedics, neurology, birth trauma, cosmetic surgery, ophthalmology, ped

2022 Limitation on Noneconomic Damages

On January 28, 2022, the State of Michigan Department of Treasury released the 2022 limitations on noneconomic damages for claims alleging medical malpractice. The “upper cap” was adjusted to $887,500 (an increase of $36,500 compared to 2021). The “lower cap” was adjusted to a limitation of $497,000 (an increase of $20,400 compared to 2021). The Michigan legislature has limited the tot

SCOTUS Strikes Down One Vaccine Mandate, Upholds Another

On January 13, the Supreme Court of the United States (SCOTUS) struck down the Biden Administration’s vaccine mandate that was to apply to all large employers. That same day, the Supreme Court upheld the administration’s vaccine mandate that applies to healthcare workers at healthcare facilities that receive Medicare and Medicaid. These cases were closely watched by Supreme Court observers af

Supreme Court Orders End of Mandatory Case Evaluation Effective Jan. 1, 2022

The Michigan Supreme Court has amended the Michigan Court Rules to eliminate the requirement that all civil cases go through the Case Evaluation process. Instead, the parties will now be able to stipulate to an alternative process to resolve the case – facilitation or mediation. Additionally, the amendments remove the sanctions provisions from the Case Evaluation process.These changes are effect

Anthony Pignotti Co-Authors Article for Michigan Defense Quarterly

FBMJ attorney, Anthony D. Pignotti recently co-authored an article titled, “Litigating the Value of Medical-Expense Damages,” published in the Michigan Defense Quarterly (Vol. 38, No.1, 2021), a publication of the Michigan Defense Trial Counsel (MDTC). The article discusses recoverable economic damages in civil actions and focuses specifically on issues related to medical-expenses damages.

Local Government Forced to Issue Bonds to Pay RLUIPA Legal Fees

A New York case is the latest example of why local governments should proceed carefully in RLUIPA litigation to avoid costly outcomes. In the case of the Village of Pomona, NY (Pomona), a RLUIPA case that has dragged on for more than a decade – bouncing from the district court to the circuit court of appeals and back – has resulted in the government being responsible for $2.5 million of the pr

Credentialing Case Closed: COA Rules Ambulatory Surgical Center Credentialing File Privileged

Is an ambulatory outpatient surgical center’s credentialing file discoverable and admissible at trial? No and no, according to the Michigan Court of Appeals’ published decision in Dorsey v. Surgical Institute of Michigan, where the Court extended the statutory protection for credentialing files beyond hospitals to also include ambulatory surgical centers.The statutory protection regarding non-

Unlicensed = Uncapped?

Claims against an unlicensed medical assistant employed by a non-profit medical institution sound in ordinary negligence and are not subject to the non-economic medical malpractice damages cap—at least according to the Michigan Court of Appeals’ recent published decision in Estate of John Swanzy v. Edward J. Kryshak, M.D., et al.If it stands, this decision could drastically increase the poten

Supreme Court Issues RLUIPA Opinion Related to Prisoners; Still Has Not Reached Land Use Issue

It was just last year that the Religious Land Use and Institutionalized Persons Act, or RLUIPA, celebrated its 20th anniversary. During that time, the U.S. Supreme Court has never issued a substantive opinion on a religious land use matter based on RLUIPA. However, the Supreme Court has now issued an order implicating the other aspect of RLUIPA – institutionalized persons – when it ordered tha

Pharmacist Attorney Kim Sveska Publishes Article for MPA Journal – “Don’t Forget to Sue the Pharmacist”

FBMJ pharmacist attorney, Kim Sveska, recently published the article “Don’t Forget to Sue the Pharmacist” in the Michigan Pharmacist Journal (2021 Vol. 59 Issue 1), a publication of the Michigan Pharmacists Association (MPA). The article discusses recent legal precedents that could lead to greater liability for pharmacists.The Michigan Pharmacists Association (MPA) is a state professional so