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149955 - Jeffrey Cullum v Frederick L. Lopatin, D.O.

Jeffrey Cullum,
Jeffrey T. Stewart
(Appeal from Ct of Appeals)
(Wayne – McDonald, K.)
Frederick L. Lopatin, D.O.,
Robert B. Kamenec
Dearborn Ear, Nose, and Throat Clinic, P.C.,


​Plaintiff Jeffrey Cullum filed a medical malpractice lawsuit, alleging that defendant Dr. Lopatin negligently prescribed steroids, and that the steroids caused Cullum to develop avascular necrosis of his right hip. The trial court granted Dr. Lopatin’s motion for summary disposition, concluding that Cullum’s expert witness, Dr. McKee, offered opinions regarding causation that were speculative and unsupported. The Court of Appeals reversed in an unpublished opinion, concluding that Dr. McKee’s testimony was admissible under MRE 702 and that it was sufficient to create an issue of fact as to causation. The issues to be considered include whether the trial court was required to consider all of the factors outlined in MCL 600.2955(1); whether the trial court abused its discretion in holding that Dr. McKee’s opinion was inadmissible under MRE 702 because it was based on speculation; and whether the Court of Appeals applied the correct standard of review.