Southfield, MI
Appeals Lawyer at Southfield, MI
Practice Areas: Appeals, Medical Malpractice
OUTCOME: Reversed and remanded for new trial.
Medical malpractice case tried to a verdict of no cause of action. The Verdict was appealed based on trial court's decision to preclude plaintiff from presenting evidence that the ultrasound film pro ... duced was not that of the Plaintiff.
OUTCOME: Reversed and Remanded for further proceedings.
This is a medical malpractice claim that was settled between the primary parties. Meridian Health Plan, a Medicaid Plan, sought and received reimbursement for 100% of its lien amount from the full set ... tlement. Plaintiff appealed arguing that the trial court erred in failing to make a reduction for Meridian's pro rata share of costs and attorney fees and in failing to recognize that under the federal anti-lien provision the recovery of a Medicaid lien amount can be recovered only from the portion of the settlement received as payment for medical expenses. Had the court done so, Meridian would not have received its full lien amount.
OUTCOME: Reversed and remanded by the Court of Appeals. Leave denied by the Michigan Supreme Court
This medical malpractice action arising from a retained sponge following a cardiac bypass surgery was dismissed by the trial court for having been filed outside the statute of repose. Plaintiffs appe ... aled asserting that the statute of repose did not bar their claim because the Defendants fraudulent concealed the cause of action.
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