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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

On September 30, 2009, the Michigan Supreme Court granted leave to appeal in O’Neal v. St. John Hospital &amp; Medical Center, Case Nos. 138180 and 138181. On appeal, the parties were directed to address the following issues: (1) whether the requirements set forth in the second sentence of MCL 600.2912a(2) apply in this case; (2) if so, whether the plaintiff presented sufficient evidence to create a genuine issue of material fact as to whether defendants’ conduct proximately caused her injury; or (3) if so, whether Fulton v. William Beaumont Hospital, 253 Mich. App. 70 (2002), was correctly decided or whether a different test approach is necessary to implement the second sentence of MCL ' 600.2912a(2). The Court’s grant of leave in this case may indicate that the Court is revisiting its plurality decision in Stone v. Williamson, 482 Mich. 144 (2008). A copy of the Court’s decision in Stone is <a href="http://coa.courts.mi.gov/documents/opinions/final/sct/20080723_s133986_68_stone4jan08-op.pdf" target="_blank" rel="noopener">here</a>.

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The case arose after the plaintiff suffered a stroke that occurred after he was misdiagnosed with pneumonia, rather than acute chest syndrome. The plaintiff claims that he would more likely have avoided the stroke if he had been properly diagnosed and provided with a timely “aggressive” transfusion or exchange transfusion. In the trial court, the defendants argued that they were entitled to summary disposition because the plaintiff’s experts could not establish that defendants’ failure to provide more aggressive blood transfusions or exchange transfusions increased his risk of having a stroke by more than 50 percentage points. The circuit court denied summary disposition, but the Court of Appeals granted leave to appeal and reversed. The Court of Appeals concluded that the plaintiff’s experts could not state that the plaintiff’s opportunity for a better result dropped by 50 percent, relying on Fulton v. William Beaumont Hospital. The Court of Appeals' decision is <a href="http://coa.courts.mi.gov/documents/opinions/final/coa/20081104_c277317_44_277317.opn.pdf" target="_blank" rel="noopener">here</a>.

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The Michigan State Medical Society, Michigan Health and Hospital Association, Michigan Association for Justice, and the Michigan Defense Trial Counsel, Inc., were invited to file briefs amicus curiae. A copy of the Court’s order granting leave can be found <a href="http://coa.courts.mi.gov/documents/SCT/PUBLIC/ORDERS/20090930_S138180_60_138180_2009-09-30_or.pdf" target="_blank" rel="noopener">here</a>.

MSC Order: O’Neal v. St. John Hospital & Medical Center

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