Insurance
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 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. FBMJ argued, among other things, that the claim
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 courtesy in the practice of law and by promoting the image and honorabl
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 from last year).Michigan has recognized limitations on the total amount of
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 Court’s chief justice said that the outcome of this easing of a medical malpractice plaintiff’s bur
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 to estimate an accurate amount. These rulings mean medical malpractice defendants a
Brian Whitelaw Recognized as “Go To Lawyer” for Medical Malpractice by Michigan Lawyers Weekly
Foley, Baron, Metzger and Juip, PLLC is pleased to announce that Brian W. Whitelaw, a Partner with the firm, has been named one of 20 “Go To Lawyers” for medical malpractice law by Michigan Lawyers Weekly.Now in its third year, the “Go To Lawyers” program recognizes lawyers in particular fields of law in Michigan. Whitelaw, along with other honorees, will be featured in a special section t
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 goal of lowering
Joseph McGill Elected Vice President of the State Bar of Michigan
Foley, Baron, Metzger & Juip PLLC is pleased to announce that Joseph McGill, a principal with the firm, was recently elected as the Vice President of the State Bar of Michigan (SBM) for the 2022-2023 bar year. On September 16, 2022, McGill was sworn in by Justice Elizabeth T. Clement of the Michigan Supreme Court at the State Bar of Michigan annual meeting.McGill has been an active member of t