Medical Malpractice
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
Frisch Joins FBMJ’s Medical-Malpractice Group
Foley, Baron, Metzger & Juip, PLLC is pleased to welcome James Frisch as the newest member of its Medical Malpractice Practice group. James who recently joined the firm as an Associate Attorney focuses his practice on defending healthcare professionals and organizations in complex medical-malpractice claims, as well as other personal injury and insurance claims. Enrico Tucciarone, Member, made
FBMJ Attorneys Win No-Cause Verdict in Defamation Trial
Congratulations to Foley, Baron, Metzger & Juip attorneys, Kim Sveska and Brooke Johnston on successfully obtaining a no cause trial win for their hospital client in Saginaw County Circuit Court this week in an alleged defamation claim. Plaintiff, a former medical sales representative, sought over $9.6 million dollars from the health system because they notified Plaintiff’s employer of “un
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
FBMJ Announces Attorney Promotions
Foley, Baron, Metzger & Juip, PLLC is pleased to announce the promotion of attorney Stephanie A. Karisny to Associate Principal and Nicole Joseph-Windecker to Senior Associate. “Both Stephanie and Nicole have demonstrated exceptional talent and commitment to our clients. We are incredibly pleased to welcome them to their new positions and look forward to their continued success.”Karisny, p
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
Lauren Rhoads to Join Foley, Baron, Metzger & Juip as Associate Attorney
Congratulations to FBMJ’s Lauren Rhoads for successfully passing the Michigan Bar exam. Results were announced earlier this month. Lauren has been working as a full-time paralegal with the firm since October of 2021 in the medical-malpractice practice area.Rhoads is a graduate of Michigan State University College of Law with a concentration in health law and received her Bachelor of Arts in Inte
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