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No. 121405, 121407-9, 121419
| Antonio Craig, |
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Mark L. Silverman
(248) 647-0390 |
Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Wayne - Youngblood, C.) |
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| Oakwood Hospital, |
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Defendant, |
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| and |
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| Henry Ford Hospital, |
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Susan Healy Zitterman
(313) 965-7905 |
Defendant-Appellant, |
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| and |
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| Associated Physicians, P.C., Elias G. |
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Gennaoui, M.D., and Ajit Kittur, M.D., |
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Defendants. |
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| ---------------------------------------------------------- |
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| Antonio Craig, |
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Plaintiff-Appellee, |
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| vs (Appeal from Ct of Appeals) |
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| (Wayne - Youngblood, C.) |
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| Oakwood Hospital and Henry Ford |
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Hospital d/b/a Henry Ford Health System, |
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Defendants, |
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| and |
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| Associated Physicians, P.C., |
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John P. Jacobs (313) 965-1900 |
| Elias G. Gennaoui, M.D., |
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Defendants-Appellants, |
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| and |
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Ajit Kittur, M.D.,
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Defendant. |
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| ---------------------------------------------------- |
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| Antonio Craig, |
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| Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Wayne - Youngblood, C.) |
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| Oakwood Hospital, |
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Barbara H. Erard (313) 223-3500 |
Defendant-Appellant, |
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and
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Henry Ford Hospital d/b/a Henry Ford |
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Health System, Associated Physicians, P.C., |
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Elias G. Gennaoui, M.D., and Ajit Kittur, M.D., |
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Defendants. |
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| ______________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Response to Defendant-Appellant
Henry Ford Health System - Brief on Appeal>>
Plaintiff-Appellee's Response to Defendant-Appellant
Gennaoui and Associated Physicians - Brief on Appeal>>
Plaintiff-Appellee's Response to Defendant-Appellant
Oakwood Hospital - Brief on Appeal>>
Defendants-Appellants Elias G. Gennaoui and Associated Physicians' Brief on Appeal>>
Defendants-Appellants Elias G. Gennaoui and Associated Physicians' Reply Brief>>
Defendant-Appellant Henry Ford Health System's Brief on Appeal>>
Defendant-Appellant Henry Ford Health System's Reply Brief>>
Defendant-Appellant Oakwood Hospital's Brief on Appeal>>
Defendant-Appellant Oakwood Hospital's Reply Brief>>
American College of Obstetricians and Gynecologists' Amicus Curiae Brief>>
Defense Research Institute and Michigan Defense Trial Counsel's Amicus Curiae Brief>>
Michigan Health and Hospital Association's Amicus Curiae Brief>>
Background
This is a medical malpractice case in which Antonio Craig, who is now an adult, was diagnosed with cerebral palsy at age 13. He sued, claiming that that the health care professionals who attended his mother during his birth administered an overdose of oxytocin and that doctors failed to adequately monitor his fetal heart rate. Following a five-week trial, the jury returned a verdict of nearly $21 million in plaintiff’s favor. After a subsequent bench trial, the trial judge determined that defendant Henry Ford Health System was liable as a successor corporation to defendant Associated Physicians. The trial court denied the defendants’ motions for judgment notwithstanding the verdict and for new trial. In a published opinion, the Court of Appeals affirmed on all issues, except for Henry Ford Health System’s challenge to the amount of Craig’s award for lost wage-earning capacity.
Each of the defendants appeals. They argue that the evidence Craig presented at trial was not sufficient to show that his cerebral palsy was caused by the defendants’ actions. The trial court should have barred testimony by the plaintiffs’ expert witnesses, the defendants argue, because the witnesses’ testimony was not based in fact or any recognized scientific theory. Henry Ford Health System also contends that it is not liable for damages under a successor liability theory.
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