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No.
123957
| Margaret Jenkins, as Personal |
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Ira B. Saperstein
(248) 357-3050 |
Representative of the Estate of |
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Mattie Howard, Deceased, |
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Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Wayne - Drain, G.) |
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| Jayesh Kumar Patel, M.D., and |
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Susan Healy Zitterman
(313) 965-7905 |
Comprehensive Health Services, |
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Inc., a Michigan Corporation, d/b/a The |
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Wellness Plan, Jointly and Severally, |
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Defendants-Appellants. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendants-Appellants' Brief on Appeal>>
Defendants-Appellants' Reply Brief>>
Linda A. Watters, Commissioner of the Office of Insurance and
Financial Services and Rehabilitator of the Wellness Plan Amicus Curiae Brief>>
Michigan State Medical Society's Amicus Curiae Brief>>
ProNational Insurance Company and Michigan Health and
Hospital Association's Amicus Curiae Brief>>
Background
The plaintiff brought this medical malpractice case seeking to recover damages for the death of her mother, Mattie Howard. The plaintiff claimed that the defendants mismanaged Howard's renal disease and hypertension, resulting in her death. The jury awarded $10 million to the plaintiff. The defendants appealed, arguing that the damages should have been limited by the statutory "cap" on noneconomic damages. In a published opinion, the Court of Appeals held that the cap does not apply in medical malpractice cases involving wrongful death claims. The Court of Appeals also directed that the trial court reduce the amount of damages, finding that the jury verdict was excessive. The defendants appeal.
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