Insurance
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
FBMJ Welcomes Attorney Suzanne Lewand
Foley, Baron, Metzger & Juip, PLLC is pleased to welcome Suzanne Lewand as a new attorney to the Firm. She joined the firm in August 2022 and will work in the firm’s Medical Malpractice practice group. Randall Juip, Member, made the announcement.Before joining FBMJ, Suzanne worked at two metro-Detroit law firms litigating first-and third-party insurance defense claims of auto negligence as w
FBMJ’s Brian Whitelaw & Anthony Pignotti Obtain No Cause Verdict in Kalamazoo County Case
Foley, Baron, Metzger & Juip attorneys, Brian Whitelaw and Anthony Pignotti, were successful in obtaining a no cause of action verdict in a recent medical malpractice/wrongful death lawsuit in Kalamazoo County. The case involved a claim made against a FBMJ allergy and immunology client and professional corporation alleging malpractice in the administration of allergy immunotherapy to a 37-year
Julie M. Janeway Honored as MLW’s “Influential Women of Law,” 2022
Foley, Baron, Metzger and Juip, PLLC is proud to announce that our Senior Healthcare Counsel, Julie M. Janeway, has been selected as one of Michigan Lawyers Weekly’s “Influential Women of Law” for 2022. This distinction is awarded to women attorneys and judges for their excellent work on behalf of the justice system and their clients, their commitment to their communities and to the profes
FBMJ Welcomes New Attorney – Benjamin Demsky
Foley, Baron, Metzger & Juip, PLLC is pleased to welcome Benjamin Demsky as a new attorney to the Firm. Benjamin joined the firm as an Associate Attorney in July 2022 and will work in the Medical Malpractice practice area defending health care organizations and professionals. Randall Juip, Member, made the announcement.Before joining FBMJ, Benjamin gained experience at two metro-Detroit law