Litigation
FBMJ’s Medical Malpractice Attorneys Obtain Successful No Cause Verdict
On July 21, 2017 attorneys Clyde Metzger and Carole Empey obtained a no cause verdict on behalf of their clients, an obstetrician gynecologist, a professional services organization of physicians and a hospital. The jury found no malpractice and that the Defendants complied with the standard of care during a DaVinci robot-assisted hysterectomy.The case involved an ureteral injury that developed in
RICO, Nuisance Lawsuits Pop Up Against Medical Marijuana Businesses
It used to be the stuff of Hollywood movies featuring organized crime. Yet, while the Michigan Medical Marijuana Licensing Board is formulating the regulations that will govern medical marijuana growers, processors, transportors and dispensers in Michigan, courts in a number of states are issuing rulings that will allow marijuana grow operations – even if compliant with state regulations – to
Beating the School Bell: Supreme Court Adopts Lenient Tardy Policy for NOIs.
If a Notice of Intent (“NOI”) is served on the final day of the statute of limitations period when only a fraction of a day remains, is that fractional day tolled and preserved for statute of limitations purposes? The Michigan Supreme Court addressed this question in its June 27, 2017 Opinion in Haksluoto v. Mt Clemens Regional Medical Center. Conjuring images of a teacher in a one-room school
FBMJ Attorneys Co-Author Article for CLM – “When Water Becomes Waste”
Richard Baron, Ben Fruchey and Nicholas Andrew co-authored “When Water Becomes Waste,” published in the June, 2017 issue of CLM Magazine. The article focuses on the significant growth in insurance claims related to the release of water extracted from the ground as a byproduct of oil and gas production, often involving hydraulic fracturing (fracking), and the importance of understanding the pot
Covenant Broken?
The recourse for healthcare providers in recouping costs from No-Fault insurers was cast into serious doubt in the wake of the Michigan Supreme Court’s ruling in Covenant Medical Center v State Farm Mutual Automobile Insurance Co. (Supreme Court Case No. 152758). In its May 25, 2017 Opinion, the high court held that a healthcare provider does not have an independent statutory cause of action aga
2017 Non-Economic Damages Caps
The State of Michigan Department of Treasury has announced the 2017 Non-Economic Damages Caps for 2017 for medical malpractice claims. With respect to obtaining compensation for the injured plaintiff, Michigan – by statute – places a cap on the amount of noneconomic loss that a plaintiff may be awarded in a medical malpractice lawsuit. Noneconomic damages are designed to compensate for injur
Greer: A Pain in the Rear(view)
Greer v Advantage Health has been a drama three years in the making. There’ve been highs, lows, and perhaps a few tears. But, all that is behind us now! Mostly…On January 6, 2017, Governor Rick Snyder signed Senate Bill 1104, which remedies the problem created in Greer by ensuring that plaintiffs are awarded fair compensation for medical expenses actually incurred rather than windfall recov
FBMJ Attorneys Co-Author Article for The Litigation Journal on the History & Development of Woodard v. Custer
FBMJ attorneys Anthony Pignotti and Mitchell Jackson co-authored “The 10th Anniversary of Woodard v. Custer: Where We’ve Been and Where We’re Going” published in the Summer 2016 issue of The Litigation Journal. The article focused on issues surrounding standard of care qualification requirements set forth for expert witnesses in medical malpractice cases in MCL § 600.2169, 10 years after
FBMJ Attorneys Co-Author Article for CLM on Flint Water Crisis – “Tragedy on Tap”
Richard Baron and Ben Fruchey co-authored “A Tragedy on Tap,” published in the May 2016 issue of Claims Management Magazine. The article focused on issues surrounding the Flint, Michigan water crisis that are of interest to claims professionals and attorneys, concentrating on the claims and litigation aspect of the recent crisis.“A Tragedy on Tap” included a summary of the underlying facts
Successful Verdict in Federal Civil Rights Case
FBMJ attorneys, Anthony D. Pignotti and David C. McMurtrie, recently obtained a verdict in favor of their client in a Federal Civil Rights jury trial in the United States District Court for the Western District of Michigan in Marquette, MI. The plaintiff in that case was a prisoner incarcerated in the custody of the Michigan Department of Corrections at the Alger Correctional Facility in Munisin