Litigation
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 o
Attorney Sarah H. Luchsinger Joins FBMJ
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the hiring of attorney Sarah H. Luchsinger as a Senior Associate with the firm.Sarah’s practice primarily involves medical malpractice defense, but also includes nursing home negligence, general negligence, premises negligence, and trucking and auto negligence. In addition, she has experience with insurance defense, and family law, in
FBMJ’s Kim Sveska Wins Daubert Challenge
Congratulations to Foley, Baron, Metzger & Juip Member, Kim Sveska, for a recent successful Daubert win in a potentially high-damages medical malpractice case. A Daubert win is based on a standard which instructs judges to consider several factors related to expert witness reliability and testimony, as well as the relevance of the testimony to the case. Judges must make sure the scientific b
Congratulation to Sarah Cherry on Medical-Malpractice Dismissal
Foley, Baron, Metzger & Juip attorney, Sarah Cherry, was successful in obtaining another medical malpractice case dismissal on behalf of her hospital client involving an infected implantable cardioverter defibrillator (ICD), which allegedly migrated and perforated a patient’s colon. As required under Michigan law, Plaintiff served a notice of intent related to the ICD. Plaintiff then filed a
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
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 attorneys grilled the physician on top
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
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 the total amount of damages that can be recovered
Congratulations to FBMJ Attorneys Empey and Richtarcik for Appeal Win!
Congratulations to FBMJ attorneys Carole Empey and Brian Richtarcik on a successful appeal of a Wayne County Circuit Court’s denial of a Motion for Summary Disposition. The Michigan Court of Appeals reversed the trial court in this medical malpractice wrongful death case, concluding the treating anesthesiologist was not the ostensible agent of the defendant surgery center. The appeals court ag
Congratulations to FBMJ Attorneys Juip and Cherry for Successful Case Dismissal
FBMJ attorneys Randall Juip and Sarah Cherry were successful in achieving a medical malpractice case dismissal on behalf of their clients – an Interventional Radiology physician and a major hospital system.Plaintiff alleged that the Defendant physician punctured a breast implant during a breast biopsy, necessitating the need for the breast implant to be replaced. Plaintiff further alleged ongo