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No. 123720-21
| Estate of Betty Jean Shinholster, Deceased, by |
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Mark Granzotto
(248) 546-4649 |
Johnnie E. Shinholster, Personal Representative, |
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Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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| (Wayne - Murphy, J.) |
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| Annapolis Hospital , assumed name for ` |
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Linda M. Garbarino
(313) 964-6300 |
| Oakwood United Hospitals, Inc., |
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Defendants-Appellants, |
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| and |
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Dennis Adams, M.D. and Mary Ellen Flaherty, M.D., |
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Defendants. |
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| ------------------------------------------------------------------ |
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| Estate of Betty Jean Shinholster, Deceased, by |
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| Johnnie E. Shinholster, Personal Representative, |
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Plaintiff-Appellee, |
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| v. |
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Katherine Adams, Personal Representative of the |
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Graham K. Crabtree (517) 482-5800 |
Estate of Dennis Adams, M.D., and Mary Ellen |
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Flaherty, M.D., |
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Defendants-Appellants, |
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| and |
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| Annapolis Hospital , assumed name for |
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Oakwood United Hospitals, Inc., |
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Defendant. |
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| ____________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant Annapolis Hospital/Oakwood United Hospitals, Inc.'s Brief on Appeal>>
Defendant-Appellant Annapolis Hospital/Oakwood United Hospitals, Inc.'s Reply Brief>>
Defendants-Appellants Estate of Dennis E. Adams, M.D.,
and Mary Ellen Flaherty, M.D.'s Brief on Appeal>>
Defendants-Appellants Estate of Dennis E. Adams, M.D.,
and Mary Ellen Flaherty, M.D.'s Reply Brief>>
Ford Motor Company's Amicus Curiae Brief>>
Michigan State Medical Society's Amicus Curiae Brief>>
Background
The plaintiff brought this medical malpractice case, claiming that the defendants failed to recognize that the deceased, Betty Jean Shinholster, had suffered a series of "mini-strokes" that often precede a serious stroke. Shinholster later suffered a massive stroke and died after several months in a coma. Her estate received a substantial verdict in the malpractice case. The defendants appealed, but the Court of Appeals affirmed in a published opinion. The Court of Appeals rejected defendants' arguments that they should have been allowed to show that the deceased patient was negligent in creating the condition that led to her seeking treatment. The Court of Appeals also concluded that the trial court properly applied the statutory "cap" on noneconomic damages, and that it correctly refused to reduce future damages to present value. The defendants appeal.
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