MICHIGAN ASSOCIATION FOR JUSTICE

SPRING 2023

VOLUME LVI, NO. 1

MARKEL V BEAUMONT AND OSTENSIBLE AGENCY IN THE HOSPITAL SETTING

PLUS: Camp Lejeune Water Contamination: The Legal Battle Begins UPCOMING EVENTS: MAJ 78TH Annual Banquet First Annual Summer Convention

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LITIGATION

FUNDING, L.L.C. STEPHEN A. WOOD MAJ SUSTAINING MEMBER “Serving Plaintiffs Since 1977” 248-353-8830 [email protected]

THIS ISSUE FEATURES

TABLE OF CONTENTS

12

18

Markel v Beaumont and Ostensible Agency in the Hospital Setting

Camp Lejeune Water Contamination: The Legal Battle Begins

5

10

24

A Message from the President

Letter from the Executive Director

Verdicts and Settlements

MICHIGAN ASSOCIATION FOR JUSTICE

EDITOR

325 South Walnut Street | Lansing, MI 48933-2013 p. 517.321.3073 f. 517.321.4694 michiganjustice.org

IMMEDIATE PAST PRESIDENT

Amanda Warner Ronald K. Weiner

EXECUTIVE DIRECTOR

Stephen V. Pontoni JOURNAL

SPRING 2023

VOLUME LVI, NO. 1

DEPUTY DIRECTOR

Michelle D. Lefke

Produced at least twice yearly.

DIRECTOR OF LEGISLATIVE AFFAIRS

The MAJ Journal (c) Copyright 2023, Michigan

DEVELOPMENT DIRECTOR

Association for Justice. No part of this publication may be reproduced or copied in any form without prior written approval of the Michigan Association for Justice.

William B. Flory

Laura J. Hornshaw

OFFICE MANAGER

Kristi J. Warner

EXECUTIVE ASSISTANT

Frankie K. Hernandez

Advertisers should call Michelle Lefke at 517.321.3073 or e-mail [email protected] Publication of advertising does not imply an endorsement of products or services. Articles should be submitted to [email protected]

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michiganjustice.org

A MESSAGE FROM MA J PRESIDENT

STUART A. SKLAR

A Foundation of Justice Since I last wrote to you in this Journal, there has been an historic change to the political geography of Michigan. The November elections ushered in a state House and Senate far more receptive to MAJ’s objectives. We saw Governor Whitmer retain her seat for another four years of leadership. And Kyra Harris Bolden was appointed to the Michigan Supreme Court, preserving and expanding the courts “justice majority.” These changes positively impact MAJ, our membership, and our clients, and we have been working tirelessly to seize the moment. Over the past four decades, we have experienced repeated attacks on the rights of plaintiffs and ability to obtain justice was significantly curtailed. We know that reversing decades of attacks on the rights of our clients will not be easy. But we are committed to capitalizing on this momentum for the benefit of all Michiganders. Immediately after the election, we began meeting with our practice groups to identify and prioritize our legislative agenda. We are now moving to develop legislation that will protect our clients’ rights — and have already advanced our first bill to the legislature. It is one thing to recognize opportunity — and quite another to mobilize to create change. I am proud of the relentless work of our practice group chairs and members, who have collaborated to create our most ambitious and far-reaching legislative agenda in 40 years. To put that into perspective, that is more than half of MAJ’s entire existence. Thanks to the hard work of our legislative action committee, practice group chairs, and members, the possibilities opened by the 2022 elections are now all the more tangible. Looking forward, we have every reason to feel optimistic. The young trial lawyers participating in our leadership academy are some of the most promising in the country. Watching them develop as leaders makes it clear that MAJ has a bright future ahead. My hope is that we will soon start seeing our legislative priorities enacted into law. This will begin the process of restoring the rights of our clients to obtain justice and to undo the damage caused to our civil justice system over the last 40 years. The foundation we are building today will permanently impact Michigan’s legal landscape for the better. Thank you for joining us as we translate our passion for justice into action. This work will not be easy or fast — but with the sustained collaboration of our members, I am confident that it will bear fruit for years to come. Stuart A. Sklar, partner at Fabian Sklar King & Liss, P.C. in Farmington Hills, is MAJ’s 70th President.

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2022–2023 EXECUTIVE BOARD MEMBERS OFFICERS

Stuart A. Sklar President

Fabian, Sklar, King & Liss, PC Farmington Hills

Eric Steinberg

Nicholas Andrews

Barry Conybeare

Vice President

Secretary

Treasurer

Law Offices of Lee Steinberg, PC Southfield

Liss, Seder & Andrews, PC Bloomfield Hills

Conybeare Law Office, PC St. Joseph

Jennifer L. McManus President-Elect

Fagan McManus PC Royal Oak

Ronald K. Weiner

Immediate Past-President Lipton Law Center, PC Southfield

Jody Aaron

Kenneth Lee

Past Presidents

Linda Miller Atkinson

Jordan Acker

Marla Linderman

Gerald H. Acker

Eugene D. Mossner (d)

Barry Adler

Jonathan Marko

James W. Baker (d)

Hon. William B. Murphy

Carla Aikens

Brian McKenna

Charles J. Barr (d)

Jules Olsman

Joel Alpert

Wayne Miller

George Bedrosian (d)

Harry M. Philo (d)

Dominic Andriacchi

Leonard Mungo

Michael J. Behm

Michael Pianin

Lee’ah Basemore

Anthony Nardone

Jack H. Bindes (d)

Michael Pitt

Mark Bernstein

Ayanna Neal

Kathleen L. Bogas

Robert Raitt

David Blanchard

Joey Niskar

Theodore R. Bohn (d)

Jesse Reiter

Alan Blatnikoff

Emily Peacock

James E. Burns (d) Samuel Charfoos (d)

Megan Bonanni

Sarah Riley Howard

Jessica Bray

Drew Ruby

Beverly Clark (d)

Robert Buchanan

Glenn Saltsman

I. Goodman Cohen (d)

John Charters

Pratheep Sevanthinathan

Marjory Cohen

Nicholas Charters

Heidi Sharp

Max Dean (d)

Steffani Chocron

Sean Shearer

George L. Downing (d)

David E. Christensen

Omar Sheriff

Lee C. Dramis (d)

Terry Cochran

Paul Shibley

Carl R. Edwards

Matthew Conklin

Stephen Sinas

Sheldon D. Erlich

Jennifer Damico

Timothy Smith

Debra A. Freid

Christopher Desmond

Rebecca Sposita

Barry J. Gates

Andy Dragovic

Todd Stearn

Dave Getto

Eugenie Eardley

Eric Stempien

Barry Goodman

Tiffany Ellis

Sarah Stempky Kime

Scott A. Goodwin

Chad Engelhardt

Emily Thomas

Carl Gussen (d)

Lisa Esser Weidenfeller

Elizabeth Thomson

Clifford H. Hart

Stanley Feldman

Gerald Thurswell

David Femminineo

Matthew Turner

Thomas Hay

Stefanie Fryer

Randy Wallace

Manpreet Gill

Rebecca Walsh

Rabih Hamawi

Amanda Warner

Andrea Hamm

Kenneth Watkins

Ayanna Hatchett

Scott Weidenfeller

Aaron Herskovic

Lisa Welton

Brandon Hewitt

Emeritus Board Members

Alan Helmkamp Ven R. Johnson Irving Kroll (d) Saul M. Leach (d) Marc E. Lipton

Nicholas J. Rine Dean Robb (d) Paul A. Rosen (d) Morton E. Schneider Sherwin Schreier (d) Jeffrey N. Shillman Howard Silver George T. Sinas Richard Skutt (d) Cassius E. Street Judy Susskind Norman Tucker Duane S. Van Benschoten (d) Barry Waldman Bryan Waldman Richard Warsh Thomas W. Waun Ronald K. Weiner Mark Weiss (d)

AAJ Governors Brian J. McKeen Jesse M. Reiter

AAJ Lifetime Board Member

James F. Logan

Linda Miller Atkinson

Robert J. MacDonald Donna M. MacKenzie

AAJ Revitalization Board Member

Steven Hicks

Samuel Bernstein

Benjamin Marcus (d)

Tiffany Ellis

Robert June

David W. Christensen

James A. Markle (d)

AAJ State Delegates

Suszanne Kalka

Bernard Mindell

D. Charles Marston (d)

Alan Latham

Jeffrey Kaufman

Frank Rhodes

George M. Maurer, Jr. (d)

Rebecca Walsh

Lauren Kissel

Melvyn Saperstein

Brian J. McKeen

Brian Kutinsky

Robert Sickels

Carol McNeilage

MAJ Representative to the AAJ Minority Caucus

Sheldon L. Miller

Ayanna Hatchett

Alan Latham

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SUSTAINING MEMBERS Sustaining members are the lifeblood of the Michigan Association for Justice. Thank you to the following members who took the extra step to keep MAJ strong. (List current through March 20, 2023) Jody Aaron

Jeffrey Danzig

Johnny Hawkins

Brian McKenna

Robert Sickels

Douglas “Doug” Abraham

Michael Daoudi

Michael Heck

Jennifer McManus

Vadim Sigal

Jonathan Abrahams

Christopher Desmond

Michael Heilmann

Kevin McNeely

George Sinas

Gerald Acker

Albert Dib

Alan Helmkamp

Regina Meo

Stephen Sinas

Jordan Acker

Frederick Dilley

Aaron Herskovic

Neil Miller

Thomas Sinas

Barry Adler

Paul Doherty

Brandon Hewitt

Wayne Miller

Steven Siporin

Mark Anthony Aiello

Andy Dragovic

Steven Hicks

Ryan Milligan

Stuart Sklar

Carla Aikens

Eugenie Eardley

Ramona Howard

Bernard Mindell

Charles Skupin

Shereef Akeel

Sue Ellen Eisenberg

Sarah Howard

David Mittleman

Timothy Smith

David Alexander

Tiffany Ellis

Carl Jackson

Ryan Moore

Edward Souweidane

John Alexander

Chad Engelhardt

Thomas James

Mayer Morganroth

James Spagnuolo

Joel Alpert

Nolan Erickson

Jonathan Jilek

Wolfgang Mueller

Liisa Speaker

Lambros Andreopoulos

Lisa Esser Weidenfeller

Ven Johnson

Anthony Nardone

Rebecca Sposita

Nicholas Andrews

Michael Fabian

Robert June

Ayanna Neal

Todd Stearn

Dominic Andriacchi

Barry Fagan

Suzanne Kalka

Joey Niskar

Eric Steinberg

Ronald Applebaum

Lawrence Falzon

Chui Karega

Lawrence Nolan

Eric Stempien

Brooke Archie

Brian Fantich

Jeffrey Kaufman

Michael Oblizajek

Sarah Stempky Kime

Heather Atnip

Jeffrey Feldman

Kyle Kelly

Kevin Oliver

Kenneth Stern

Patrick Bagley

Stanley Feldman

Kanwarpreet Khahra

Jules Olsman

William Stern

Justin Bahrie

David Femminineo

Patrick King

Daniel O’Neil

Richard Stolcenberg

Robert Baker

Geoffrey Fieger

Jeffrey Kirschner

Daniel Padilla

Tim Sulolli

Christopher Baratta

Rebecca Filiatraut

Lauren Kissel

Aristidi Papaioannou

Judith Susskind

Lee’ah Basemore

Darren Findling

John Kline

Emily Peacock

Richard Taylor

Michael Behm

George Fishback

David Kotwicki

Ann Marie Pervan-Keller

Emily Thomas

Thomas Behm

Richard Fox

Michael Kowalko

Samuel Pietsch

Elizabeth Thomson

Gary Bender

Stuart Fraser IV

David Kramer

Robert Pirkola

Gerald Thurswell

Mark Bendure

Stuart Fraser V

Gary Krochmal

Michael Pitt

Charles Trickey III

Marc Berlin

Debra Freid

Kelly Kruse

Gerald Posner

Jay Trucks

Alex Berman

Michael Freifeld

Michael Krzak

Howard Radner

Norman Tucker

Mark Bernstein

Stefanie Fryer

Brian Kutinsky

Solomon Radner

John Turck

Samuel Bernstein

Donald Fulkerson

Barry LaKritz

Robert Raitt

Lee Turner

Harolyn Beverly

Julie Gafkay

Joseph Larkin

Michael Ratton

Matthew Turner

Amelia Black

Nazek Gappy

Michael Larkin

Arnold Reed

Milea Vislosky

David Blanchard

Michael Garris

Alan Latham

Steven Reifman

Christopher Vlachos

Alan Blatnikoff

Donald Gasiorek

Kenneth Lee

Jesse Reiter

Jason Waechter

Frederick Bleakley

Barry Gates

Donald Lewis

Beth Rivers

Bryan Waldman

Kathleen Bogas

Brian Gijsbers

Marla Linderman Richelew

Daniel Romano

Angela Walker

Megan Bonanni

Ross Gilders

Jody Lipton

Frederic Rosen

Randy Wallace

Brian Bourbeau

Manpreet Gill

Marc Lipton

Lawrence Rothstein

Rebecca Walsh

William Boyer Jr.

Stephen Goethel

Arthur Liss

Michael Rowady

Amanda Warner

Jessica Bray

Garold Goidosik

Jason Liss

Drew Ruby

Kenneth Watkins

Robert (Rob) Buchanan

Barry Goodman

Ronda Little

Rick Ruby

William Watkinson

Lawrence Buckfire

Scott Goodwin

Thomas Loeb

Glenn Saltsman

Thomas Waun

Richard Burns

Deborah Gordon

Malgorzata Lorelli

Drew Saperstein

Scott Weidenfeller

Chris Camper

James Graves

Vincent Lorelli

Melvyn Saperstein

Ronald Weiner

J. Kelly Carley

Guy Greve

Joseph Lucas

Jay Schreier

Lisa Welton

John Charters

Steven Gursten

Robert MacDonald

Karen Seder

Christopher Westgate

Nicholas Charters

James Haadsma

Donna MacKenzie

Lenny Segel

Robert Wetzel

Steffani Chocron

Rabih Hamawi

Frank Mafrice

Pratheep Sevanthinathan

Paul Whiting

David Christensen

Andrea Hamm

Larry Maitland

David Shafer

Hadley Wine

David Christensen

Troy Haney

Jon Marko

Anthony Shapero

Robert Wine

Terry Cochran

David Haron

Katrina Martin

Heidi Sharp

Nicole Winston

Matthew Conklin

Mark Harper

Marco Masciulli

Sean Shearer

Stephen Wood

Barry Conybeare

James Harrington

Steven Matz

Marc Shefman

Kevin Yaldoo

Louis Corey

Bradley Harris

Andrew Mayoras

Omar Sheriff

David Zuppke

Matthew Curtis

Jonathan Hartman

Cary McGehee

Paul Shibley

Jennifer Damico

Ayanna Hatchett

Brian McKeen

David Shook

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WELCOME NEW MEMBERS (List current through March 20, 2023) Azal Arabo Oliver Law Firm

Beth Ann Junod Bahrie Law, PLLC

Jillian McArdle Sinas Dramis Law Firm

Brian Schaf Law Office of Brian J. Schaf

James Bedortha Goldberg, Persky & White, PC

Myrna Kada Ven Johnson Law PLC

Joseph McClusky Pinsky Smith, PC

Chanel Shamoun Karem Miller & Tischler PC

Eric Berlin Hertz Schram PC

Robert Kamenec Fieger Law

Stephanie Miller Lee Steinberg Law Firm

Austen Shearouse Carla D. Aikens, P.L.C

Amelia Black Ven Johnson Law, PLC

Ariel Kellersohn McKeen & Associates P.C.

David Mitteer The Sam Bernstein Law Firm, PLLC

Jacqueline Shekell Michigan Auto Law

Matthew Boehringer Sisson Law

Paulina Kennedy Weitz & Luxenberg, P.C.

Parisn Muhammad Michigan Auto Law

David Shook Ven Johnson Law, PLC

Krystal Boykin Ven Johnson Law, PLC

Alexandra Koulijinski Lee Steinberg Law Firm

Sean Murphy Murphy Law Firm PLC

Jennifer Simko Inosencio & Fisk PLLC

Matthew Brown Brown and Brown, PLC

Andrew Kowalkowski

Tricia Nelson Miller & Tischler PC

Gerald Smith

Bronwyn Cargo Reiter & Walsh, PC Heather Childs Sinas Dramis Law Firm

John Kuzmich Law Offices of Todd J. Stearn, P.C. Sara Landeryou Wood Craig Miller, LLC

Florise Neville-Ewell Neville-Ewell, PLLC

Jessica Stark Kluczynski, Girtz & Vogelzang

Monica Nuckolls

Leah Taylor Goethel Engelhardt, PLLC

Kailee Corcoran

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Nichole Omilion McKeen & Associates P.C.

Ashley Thomas Goethel Engelhardt, PLLC

Brianne, Coxon Sinas Dramis Law Firm

Jerri Luidens Sinas Dramis Law Firm

Gillian Pancheshan Jefferson Law Center

Kevin Thompson Charara Lovell & Associates, PLLC

Katherine Dvorak Jefferson Law Center

Anne Mabbitt Mabbitt Law, PLLC

Emily Paulson Kluczynski, Girtz & Vogelzang

Hayley Tomich O’Reilly Rancilio P.C.

Neil Giovanatti Department of Attorney General

Francesca Mangold Michigan Auto Law

Edwin Piner Piner Law PLLC

Carly Vincent Sinas Dramis Law Firm

Michelle Gomes Meyers Law, PLLC

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Robert Piraino Piraino & Ingber, PLLC

Latrice Watson Michigan Auto Law

Hon. Allie Greenleaf Maldonado Michigan Court of Appeals

Nicole Mason Piraino & Ingber, PLLC

Izak Post Gray Sowle Iacco & Richards, PC

Christina Hagen Hagen Nares PLLC

Tyler Mason Muth Law PC

Christopher Putrycus Marko Law

Adam Winn Fieger, Fieger, Kenney & Harrington PC

Richard Hogg Berman & Kaufman PC

Paul Matouka Oliver Law Group P.C.

Shannon Reighard The Lobb Law Firm

Brittany Jones The Lobb Law Firm

Joshua Mayowski Goodman Acker, P.C.

Debra Rice Goethel Engelhardt, PLLC

Beth Wittmann Mark Granzotto PC

WELCOME BACK MAJ welcomes back members who have renewed their membership after being inactive for five years or more. (List current through March 20, 2023) Celesta Campbell The Sam Bernstein Law Firm

Howard Gurwin Howard E. Gurwin PC

Brian Lawson Sinas Dramis Law Firm

Shawn McKay Kajy Law Firm

Lawrence Day Lawrence J. Day, PC

Zachary Gwinn The Mark Sisson Law Firm, PLLC

Dean Thomas Yeotis Law Office of Dean T. Yeotis

Deborah Grimmer Ven Johnson Law, PLC

Sharon Jones

Laurence Margolis Margolis & Cross (A Professional Association)

Craig Zucker Maddin Hauser Roth & Heller PC

STEVE PONTONI

LETTER FROM THE EXECUTIVE DIRECTOR The coming months will be exciting ones for MAJ. On May 6, 2023, we will recognize our organization’s leaders — past and present — and celebrate member achievements at our 78th Annual Banquet. In particular, we will honor three MAJ members for their contributions to building and sustaining a fair and effective legal system with three awards: • The 2023 Champion of Justice Award, which will be presented to Mark R. Granzotto; • The 2023 Judicial Excellence Award, which will be presented to The Honorable Jane M. Beckering; and • The 2023 MAJ Women’s Caucus Award of Excellence, which will be presented to MAJ Past President Judith A. Susskind. Each of these individuals has demonstrated an exceptional commitment to Michigan’s civil justice system and to preserving the rights of our citizens. Please join me in congratulating them for this well-deserved recognition. Later this year, we will also gather for MAJ’s first-ever Summer Convention from June 7 to 9, 2023, in Grand Rapids. Over three days, MAJ members will come together to meet, learn and discuss subjects that are top-of-mind for those working in our field — from trial advocacy to Medicare and Medicaid. We have an inspiring lineup of speakers and moderators and are delighted to be able to offer this new platform for networking and education to our members. If you haven’t already, I encourage you to register for our upcoming events. Both offer excellent opportunities to further your knowledge and deepen your ties with the Michigan legal community. I look forward to connecting with you there.

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MARKEL V BEAUMONT

and Ostensible Agency in the Hospital Setting

By: Mark Granzotto Mark Granzotto, PC, Berkley

On December 7, 2022, the Supreme Court issued an Order (not an opinion) in Markel V William Beaumont Hospital, ___ Mich ___; 982 NW2d 151 (2022). Markel represents the most significant decision from the Supreme Court on the subject of a hospital’s liability on an ostensible agency theory since the Court’s 1978 decision in Grewe v Mt. Clemens General Hospital, 404 Mich 240 (1978).

Mary Anne Markel presented to Beaumont Hospital seven days after undergoing a surgical procedure at that hospital, complaining of bilateral foot numbness and severe low back pain. She was admitted to Beaumont and the attending physician assigned to her care was a hospitalist, Dr. Linet Lonappan, a doctor whom Ms. Markel had never previously met. Dr. Lonappan was employed by Hospital Consultants, Inc., and she worked exclusively at two Beaumont Hospitals. Hospital Consultants had an arrangement with a family practice group that included Ms. Markel’s family practice physician. At the time of her hospitalization at Beaumont, however, Ms. Markel was unaware of the relationship between her personal physician and Dr. Lonappan. Ms. Markel was in a considerable amount of pain during her brief hospitalization. Due to her intense pain, she had no recollection of having met Dr. Lonappan and no memory of any treatment that Dr. Lonappan provided. The day after Ms. Markel was admitted to Beaumont, Dr. Lonappan discharged her despite the fact that a urine culture proved positive for a serious infection. Ms. Markel sued both Dr. Lonappan and Beaumont for the negligence associated with her premature discharge. In her complaint, Ms. Markel alleged that Dr. Lonappan was both the actual and the ostensible agent of Beaumont. The Supreme Court law governing Ms. Markel’s ostensible agency claim was based on the Court’s decision in Grewe. In that case, the Supreme Court upheld the plaintiff’s ostensible agency theory, concluding that the defendant hospital could be held liable for negligence committed inside the hospital by a physician who was not a hospital employee. In support of this conclusion, the Supreme Court stressed in Grewe that the plaintiff looked to the hospital for his treatment when he arrived at the hospital and that he had no prior relationship with the doctor whom he claimed was the hospital’s agent. The Supreme Court held in Grewe that, to establish an ostensible agency in this context, “the person dealing with the agents must do so with the belief in the agent’s authority and this belief in the agent’s authority must be a reasonable one.…generated by some act or neglect of the principal sought to be charged.” Grewe, 404 Mich at 252-253. One notable feature about the Court’s ruling in Grewe was that it found in favor of plaintiff on his ostensible agency theory without any

suggestion that there was any act or representation on the part of the hospital supporting the plaintiff’s belief that the doctor responsible for malpractice was an employee of the hospital. The Grewe decision itself was highly supportive of an ostensible agency theory in the hospital setting. Over the years, however, the positive effects of the Grewe decision were muted by several Court of Appeals decisions limiting that case’s application. The limitations on the reach of Grewe’s ruling took two forms. First, courts later applied a highly subjective view of the requirements for an ostensible agency, which made it difficult to establish ostensible agency where the party injured by malpractice was dead or otherwise without memory of their interactions with the putative ostensible agent.

The Supreme Court ruled that the hospital could be held liable for negligence committed inside the hospital by a physician who was not a hospital employee.

Second, the Court of Appeals, directly contradicting the actual holding in Grewe, began insisting in several post-Grewe cases on proof of some independent act or representation on the part of the hospital fostering a reasonable belief in the physician’s status as an agent of the hospital. In Ms. Markel’s case, Beaumont successfully moved for summary disposition based largely on these post-Grewe decisions of the Court of Appeals. The circuit court ruled that Ms. Markel could not establish her ostensible agency theory because she had no recollection of Dr. Lonappan and because she could not identify a specific act or representation on the part of Beaumont supporting her belief that Dr. Lonappan was an agent of Beaumont. The Court of Appeals affirmed the circuit court’s ruling granting summary disposition to Beaumont,

continued on pg. 14 >

offering similar reasons for rejecting Ms. Markel’s ostensible agency theory. Judge Jane Beckering wrote a concurring opinion in which she urged the Supreme Court to revisit the ostensible agency issue first addressed in Grewe. In her separate opinion, Judge Beckering aptly noted that Mr. Grewe, who prevailed in the Supreme Court’s 1978 decision, would not be able to satisfy the Grewe test as it had come to be applied in the Michigan Court of Appeals. The Supreme Court took Judge Beckering’s advice and granted leave to appeal in Markel. In her arguments to the Supreme Court, Ms. Markel contended that the Court of Appeals had misconstrued Grewe in concluding that some affirmative act or representation was required to support the plaintiff’s belief in a physician’s status as the hospital’s agent. Rather, Ms. Markel argued that, where a patient enters a hospital through the emergency room and is treated by a doctor whom the patient has never met previously, the onus is on the hospital to affirmatively dispel the plaintiff’s reasonable belief that the physician is an agent of the hospital. The Supreme Court’s majority in Markel agreed with this argument as it set out the following “rule” derived from Grewe: In concluding the doctor was the hospital’s ostensible agent, the Grewe Court cited the emergency room setting and the lack of a preexisting relationship between doctor and patient. The rule from Grewe is that when a patient presents for treatment at a hospital emergency room and is treated during their hospital stay by a doctor with whom they have no prior relationship, a belief that the doctor is the hospital’s agent is reasonable unless the hospital does something to dispel that belief. The Supreme Court in Markel also corrected the Court of Appeals’ analysis on the necessity of some independent act or representation on the part of the hospital to create a patient’s reasonable belief in a physician’s status as a hospital agent. The Markel Court held that a hospital’s mere act of operating an emergency room could satisfy the independent act discussed in Grewe: Put another way, the “act or neglect” of the hospital is operating an emergency room staffed with doctors with whom the patient, presenting themselves for treatment, has no prior relationship. See also Brackens v Detroit Osteopathic Hosp, 174 Mich App 290 (1989); Setterington v Pontiac Gen Hosp, 223 Mich App 594, 603 (1997); Zdrojewski v Murphy, 254 Mich App 50, 67-68 (2003). The Court of Appeals 14

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majority opinion looked to other Court of Appeals decisions purporting to apply Grewe to conclude that the plaintiff’s ostensible agency claim failed. The panel majority cited VanStelle v Macaskill, 255 Mich App 1, 10 (2003), for the requirement that “the putative principal must have done something that would create in the patient’s mind the reasonable belief” of agency. But a core aspect of our holding in Grewe was that “[a]n agency is ostensible when the principal intentionally or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him.” Grewe, 404 Mich at 252 (quotation marks and citations omitted; emphasis added). To the extent that VanStelle requires a plaintiff to show some additional, affirmative act by the hospital in every emergency room case to prove ostensible agency, it is in direct tension with Grewe and therefore overruled. The Court of Appeals upheld summary disposition on Ms. Markel’s ostensible agency theory on the ground that Ms. Markel could not form a reasonable belief in Dr. Lonappan’s status as an agent of Beaumont because she had no recollection of Dr. Lonappan. The Supreme Court majority in Markel rejected this reasoning as well: The panel majority concluded that because the plaintiff “did not recall” the doctor who treated her at the hospital, she could not have formed a reasonable belief that the doctor was the hospital’s agent. Markel v William Beaumont Hosp, unpublished per curiam opinion of the Court of Appeals, issued April 22, 2021 (Docket No. 350655), pp. 6-7. This holding is in tension with Grewe, which held that when a patient presents at the emergency room for treatment, the patient’s belief that a doctor is the hospital’s agent is reasonable unless dispelled in some manner by the hospital or the treating physician. We also note that patient testimony is not required to establish ostensible agency under Grewe. The decision in Markel, even though confined to an order, has undermined the limitations that the Court of Appeals has previously imposed on the ostensible agency doctrine in the hospital setting in its decisions after Grewe. Markel has substantially clarified the circumstances in which a hospital can be held liable for negligence committed in that hospital by a physician who is not technically an employee of the hospital. In the future, Grewe and Markel will have to be read together in any case in which a claim of ostensible agency in the hospital setting is raised.

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WATER CONTAMINATION: CAMP LEJEUNE

The Legal Battle Begins APPROXIMATELY

1 MILLION

MEN, WOMEN, AND CHILDREN EXPOSED TO DEADLY CHEMICALS

200,000+

PEOPLE CONTRACTED CANCER, LIFE THREATENING DISEASES, OR DIED FROM THE TOXIC WATER

DEADLY CHEMICALS WERE AT RATES

100/1000 X

ABOVE EPA SAFETY STANDARDS

By: Sara Papantonio Levin Papantonio Rafferty, Pensacola, FL Reprinted with permission from the Florida Justice Association

INTRODUCTION United States military bases around the world are designed to be impenetrable zones with foundations equipped to withstand the force of any foreign enemy attack. Camp Lejeune, a U.S. Marine Corp base in North Carolina was built to be no different. However, from the 1950s to the late 1980s this Marine base was breached by a dangerous and potentially deadly foreign invader. For 30 years, men, women, and children who were stationed at Camp Lejeune were poisoned with deadly volatile organic chemicals found in the base’s drinking water. Because of this, Camp Lejeune’s water contamination during this time period has been described as the worst case of public drinking-water contamination in American history. For the past several decades, veterans and families that resided or worked at Camp Lejeune have been denied justice. Hundreds of thousands of men, women, and children have suffered from cancers and life-threatening illnesses—health problems that the government created for them. For years, these victims have had no means to recover for their suffering. Now, due to recent legislation, we have the opportunity to fight for the victims of the Camp Lejeune water contamination crisis. CAMP LEJEUNE In the 1940s, Camp Lejeune was built to be an idealistic military stronghold. The base served as a makeshift city for service members and their families. It became a breeding ground for Marines preparing for deployment to warzones in Korea and Vietnam. The Marine Corps base was equipped with barracks, military training facilities, hospitals, schools, daycares, and shopping centers. Nearly every member of the U.S. Marine Corps spent time training at Camp Lejeune. While Marines trained or prepared for deployment, their children and spouses swam in the Camp Lejeune’s pools, shopped in its shopping centers, and utilized the base’s many amenities. Little did they know, every moment they spent drinking, bathing in, swimming in and cooking with Camp Lejeune water placed them at a higher risk of developing cancer and various other serious illnesses. As these individuals carried on their day-to-day lives, hundreds of thousands of gallons of toxic waste leaked into the drinking water under their feet. THE CONTAMINATION For more than 30 years, the Camp Lejeune public drinkingwater was contaminated by various volatile organic compounds (VOC), some at levels as high as 280 times

what is considered safe under the law.1 Between 1953 and 1987, veterans and their families were exposed to VOCs such as trichloroethylene (TCE) and tetrachloroethylene (PCE); as well as benzene; trans-1,2-dichloroethylene (DCE); and vinyl chloride. These deadly chemicals were prominent in two of the eight water treatment plants that serviced housing areas on base.2 A government funded study found that PCE was the main contaminant found at Tarawa Terrace housing area, with concentrations exceeding Environmental Protection Agency (EPA) maximum contaminant levels.3 At another location, Hadnot Point, the main contaminant found was TCE at 1,400 parts per billion (ppb).4 The current EPA limit for TCE is 5 ppb.5 DCE, PCE, benzene, and vinyl chloride were also discovered in these treatment plants.6 These contaminants found in the drinking water have all been classified as class one and class two carcinogens.7 Studies have linked these chemicals to 20 different cancer types and dozens of serious illnesses.8 During this 30-year time period as many as one million men, women, and children were exposed to these deadly chemicals at rates of hundreds, if not thousands, of times what the EPA has deemed to be safe.9 The unfortunate reality is that many of these Marines, who were deployed to perilous countries or regions like Korea, Vietnam, and the Middle East, were arguably safer in their deployment abroad than they were in their time at Camp Lejeune. An estimated 58,000 U.S. service members lost their lives in Vietnam.10 However, well over 200,000 people have contracted cancer, life threatening diseases, or died as a result being exposed to the toxic water at Camp Lejeune. Some victims were never even given the chance to live. During this thirty-year contamination period, hundreds of stillborn births befell the base.11 The infant deaths were so prevalent that a stretch of the base cemetery was given the name “baby heaven” where two to three babies were buried per grave.12 Yet, despite these cancer clusters and infant deaths, the government continued to ignore the chemicals pooling within Camp Lejeune’s water system. GOVERNMENT COVER- UP In the 1980s the federal government was presented with multiple tests demonstrating the alarming levels of toxic chemicals in the base drinking water.13 However, instead of taking measures to protect the men, women, and children consuming this poisonous water, the United States Marine Corps knowingly allowed marines and civilians to continue to be exposed. In fact, the government did not close the contaminated water wells until years after it learned of the continued on pg. 20 >

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problem.14 When the reality of the water contamination was finally revealed to the public, the government blamed the source of contamination on an off-site dry cleaning business who was dumping industrial waste in the wastewater drains.15 The truth about the government’s involvement in Camp Lejeune’s water contamination finally emerged in 2009 when it was revealed that approximately 800,000 gallons of fuel from base’s own fuel tanks had leaked into the main wells that service the base.16 THE LEGAL FIGHT BEGINS Marines and their families began to fight back as news of this deadly contamination was brought to light. In 2010, several law firms filed lawsuits against the government for its wrongful conduct against U.S. Marines in the Eastern District of North Carolina.17 Thousands of these Camp Lejeune cases were consolidated as a multidistrict litigation.18 While the courts’ rulings in the early stages were largely favorable to the victims, the plaintiffs could not overcome the procedural defenses raised by the government. Eventually, the government prevailed on statute of repose, statute of limitations and government immunity grounds.19 These dismissals left over 4,000 plaintiffs with no means to recovery for their debilitating illnesses. However, the legal battle for these victims was far from over. THE CAMP LEJEUNE JUSTICE ACT After more than a decade of advocacy and lobbying in Congress by multiple law firms, on August 10, 2022, the Camp Lejeune Justice Act was enacted, granting a cause of action for victims of the water contamination against the government. This legislation is truly groundbreaking.20 The United States government will finally fulfill its obligation to service members, their families, and civilians who fell victim to the water contamination at Camp Lejeune. The Act establishes a simple cause of action permitting individuals who were harmed by the contaminated water at Camp Lejeune over the relevant period of time to obtain relief in the United States District Court in the Eastern District of North Carolina.21 Specifically, the Act provides that “[a]n individual…who resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune.” To meet the burden of proof, a plaintiff need only “produce evidence showing that the relationship between exposure to the water at Camp Lejeune and the harm is… sufficient to conclude that a causal relationship is at least as likely as not.”22 The Act ends by establishing the right to a jury trial for these claims.23

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CONCLUSION The history of Camp Lejeune’s contamination and the government’s cover-up in response to it is extensive and well-documented, but the fight for justice has just begun. This case should serve as an example to trial lawyers nationwide. We cannot accept “no” for an answer when it comes to the treatment of our clients. There is always something more that we can do to protect our clients and to further the interests of justice. See Agency for Toxic Substances Disease Registry, 2017. ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp Lejeune and Specific Cancers and Other Diseases. Department of Health and Human Services. Id. Id. Id. Id. at 3. Id. Id. Id. at 20, 91. Id.

1 2 3 4 5 6 7 8 9

Atsdr.cdc.gov. 2022. Camp Lejeune ATSDR. (online) Available at: (Accessed Sept. 6, 2022).

10

Vietnam War U.S. military fatal casualty statistics, National Archives and Records Administration, https://www.archives.gov/research/military/ vietnam-war/casualty-statistics (last visited Sept. 6, 2022).

11

The Washington Post, A Trust Betrayed: The Untold Story of Camp Lejeune by Mike Magner, The Washington Post (Apr. 4, 2014), www. washingtonpost.com/opinions/a-trust-betrayed-the-untold-story-ofcamp-lejeune-by-mike-magner/2014/04/04/34e273cc-b423-11e3-8020b2d790b3c9e1_story.html.

12

Id.

13

See Mike Magner, A trust betrayed: The untold story of camp lejeune and the poisoning of generations of marines and their families (2014).

14

Id. Id.

15 16

Barbara Barrett, McClatchy Newspapers, Fuel Leak Found Near Camp Lejeune Well (2010), https://www.starnewsonline.com/story/ news/2010/06/25/fuel-leak-found-near-camp-lejeune-well/30833329007/ (last visited Sept. 6, 2022).

17

Jones v. United States of America, 691 F. Supp. 2d 639 (E.D.N.C. 2010).

18

In re Camp Lejeune N.C. Water Contamination Litig. (N.D. Ga. 2015).

19

In re Camp Lejeune N.C. Water Contamination Litig., 263 F. Supp. 3d 1318 (N.D. Ga. 2016) Fact sheet: President Biden signs the PACT Act and delivers on his promise to America’s Veterans, The White House (2022), https://www. whitehouse.gov/briefing-room/statements-releases/2022/08/10/fact-sheetpresident-biden-signs-the-pact-act-and-delivers-on-his-promise-toamericas-veterans/ (last visited Sept. 6, 2022).

20

21

28 USC 2671 (2022)

Id. Id.

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WASHINGTON UPDATE By Linda A. Lipsen, CEO, American Association for Justice

Reprinted with permission from the American Association for Justice

I have great news to share. In In re LTL Mgt, LLC, the Third Circuit, in a unanimous decision on Jan 30, reversed the bankruptcy court’s rejection of claimants’ motion to dismiss the petition and automatic stay of litigation against non-debtor Johnson & Johnson. AAJ filed an amicus brief in the case, which was authored by AAJ Senior Associate General Counsel Jeffrey White. As many of you know, Johnson & Johnson has been strongly criticized for using the “Texas Two-Step” to create a subsidiary to take on J&J’s liabilities. The subsidiary, LTL Management, then filed for Chapter 11 protection against the claims of thousands of women who have developed mesothelioma, ovarian cancer, and other diseases due to their use of Johnson’s Baby Powder. The court concluded that the bankruptcy court erred in determining that LTL’s Chapter 11 petition was filed in good faith. The court stated that good intentions are not the test. It concluded, “What counts to access the Bankruptcy Code’s safe harbor is to meet its intended purposes. Only a putative debtor in financial distress can do so. LTL was not.” The court stated that the bankruptcy court all but ignored the Funding Agreement, which obligated the parent company to provide “a funding backstop, not unlike an ATM disguised as a contract, that [LTL] can draw on to pay liabilities,” up to a limit of $61.5 billion. The court also indicated that the anticipated liabilities LTL would face were overstated “back-of-the-envelope forecasts of hypothetical worst-case scenarios.” 22

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Because Congress intended the Bankruptcy Code to provide protections for companies in actual financial distress, and because LTL could not be deemed in danger of exhausting its resources, the Chapter 11 filing did not serve a bankruptcy purpose. The court therefore ordered the petition to be dismissed. The disgraceful corporate abuse of bankruptcy laws represents the new face of tort reform and an existential threat to the average American’s right to pursue justice. AAJ will continue the fight to end this shameful practice and keep the courthouse doors open for everyone.

VOLUNTEER FOR AAJ’S STUDENT TRIAL ADVOCACY COMPETITION AAJ is seeking judges for our annual Student Trial Advocacy Competition, which will be hybrid this year. We have 160 teams competing from around the country, and over 650 new law student members will experience AAJ for the first time. Sign up to volunteer for the regional rounds at https://www.justice.org/judgeforstac or email jennifer. [email protected]. The regional rounds will take place via Zoom from March 2–March 5, 2023, and the national finals will take place in New Orleans from March 30–April 2, 2023. Thank you so much to our members who have helped coordinate this year’s event.

AAJ STATE AFFAIRS UPDATE Nearly every state legislature is currently in session, and AAJ State Affairs and the state trial lawyer associations have already seen aggressive pushes to limit the ability of Americans to hold corporations accountable when they cause harm.

One of the early trends that we’ve observed is a series of “special pleading” or “heightened pleading” requirements in state legislation. If these bills were enacted, they would establish a procedural barrier to court access by placing draconian evidentiary requirements on plaintiffs before they even have the opportunity to engage in discovery—essentially, moving up summary judgment for defendants. These heightened pleading standards are most prominently part of the American Legislative Exchange Council’s (ALEC) and the U.S. Chamber’s model legislation targeting asbestos litigation, which has been filed in a handful of states. It has also appeared in legislation filed in Texas that would enact special pleading requirements for certain transportation network companies (TNC)-related cases.

We are keeping an eye on many other bills, including legislation that would make it harder to hold trucking companies accountable following crashes, that would enact caps on damages, and that would give insurance companies an unfair advantage in litigation by imposing onerous, one-sided disclosures of litigation financing. AAJ State Affairs is working closely with your state TLA to fight back against legislation that would make it harder for your clients to find justice.

FIGHTING FOR YOU AND YOUR CLIENTS Thank you for your ongoing support. AAJ will continue to fight for access to justice for your clients. We will keep you informed about important developments and welcome your input. You can reach me at [email protected].

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Ed PAPPAS Troy

James FISHER Grand Rapids

Robert RILEY Dearborn

William GILBRIDE Detroit

Timothy SHERIDAN Grand Rapids

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VERDICTS

and

SETTLEMENTS

HARBANS KAUR V CITIZENS AND MEEMIC INSURANCE COMPANY

Wayne County Circuit Court Case Number #17-014352-NI Judge Honorable Dana Hathaway The jury returned a verdict of $2,135,991.03. Plaintiff was represented at trial by Jon Marko of Detroit.

In this No Fault PIP case, Plaintiff’s counsel obtained a verdict of more than 2 million dollars in a matter where the case evaluation was 1/10th of that amount. Plaintiff was an elderly pedestrian who was hit by a car while crossing a street in a residential neighborhood on her evening walk. Plaintiff had no automobile insurance, and she lived half the year in Canada and half the year with her son in Canton, Michigan. Plaintiff was staying with her son in Michigan at the time of the incident and he was insured through Meemic. The driver of the vehicle that struck the Plaintiff was insured by Citizens. The procedural history was complicated by questions regarding Plaintiff’s domicile. Initially, Plaintiff’s former counsel filed suit against

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Meemic for first party benefits. The trial court found that Plaintiff was domiciled in Canada, and dismissed the case based on priority. Former counsel then filed a new case against Citizens, which filed a cross claim against Meemic. Meemic was again dismissed by the trial court based on the domicile issue. Citizens appealed and the Court of Appeals reversed, finding that there was a question of fact regarding Plaintiff’s domicile. Plaintiff (through current trial counsel) filed a motion for relief from judgment in the original Meemic case, which was granted. The cases were then consolidated. In addition to contesting Plaintiff’s domicile, Citizens also contended that no motor vehicle was involved at all, asserting that Plaintiff was injured when she “fell over.” At trial, Plaintiff’s counsel conducted extensive voir dire on the fact that the Plaintiff was not Englishspeaking to assure that the jurors did not harbor discriminatory animus. The jury found that Plaintiff was domiciled in Canada at the time of the injury and that Citizens was the carrier with priority based largely on the facts that the Plaintiff had maintained her home and citizenship in Canada and was covered by Canadian Health Care. The jury also found that an automobile was involved in causing

Plaintiff’s injuries which were serious. Those injuries included multiple pelvic fractures, an acetabular fracture of the left hip, an iliac wing fracture, a brain injury, hearing and vision problems, and a fractured nasal cavity. As a result of the injuries, Plaintiff requires around-the-clock attendant care and had extensive replacement service needs and significant medical bills. Plaintiff also asserted the need for home modifications. The case evaluation was $200,000. The jury returned a verdict of $2,135,991.03, which was comprised of $10,950 in replacement service benefits; $1,354,757.92 for medical bills, attendant care service benefits and home modification expenses; and $770,283.11 in interest. A motion for fees is pending. Plaintiff’s experts included her treating physicians, including orthopedic surgeon Dr. Mark Hake of Ann Arbor; PMR (specializing in brain injury care) Dr. Parmod Mukhi of Detroit; orthopedic surgeon (shoulder) Dr. Collin O’Keefe of Bloomfield Hills; and anesthesiologist (pain medicine) Dr. Jeffrey Rosenberg of Canton. Plaintiff’s counsel also presented Citizen’s defense medical examiner, Dr. Jeffrey Devitt.

SPRING 2023

CALEB AND DIANA BROWN V COMSTOCK TURF LLC, JOEL COMSTOCK AND COLLEEN COMSTOCK Clinton County Circuit Court Case Number #14-11366-NI Judge Honorable Cori Barkman The jury returned a verdict of $14,210,052. Plaintiffs were represented by Tom James and Richard Moore of Farmington Hills.

In this third-party auto negligence claim, Plaintiffs’ counsel obtained a verdict of $14,210,052, despite challenges to liability and damage proofs. On December 3, 2013, the Plaintiff was working as a garbage collector and standing on the side of the street opposite his truck when the Defendant decided to pass the stopped garbage truck. Defendant was driving an F-350 while towing a 40 ft gooseneck trailer with landscaping equipment on the trailer. Plaintiff was struck by something on the truck or trailer during the pass. Plaintiff was knocked unconscious and could not identify what struck him. The defendant claimed that he did not strike Plaintiff at all.

The case lingered at the Court of Appeals on an interlocutory appeal taken by the Defendant, which was ultimately unsuccessful, and continued to pend through the COVID shutdowns. The Plaintiff remained in treatment, however, throughout this lengthy period which Plaintiff’s counsel highlighted in trial. As a result of the collision, Plaintiff suffered a mild TBI with severe migraines, a serious right shoulder SLAP tear that required surgery, and herniations of both cervical and lumbar discs. Evidence of the brain injury and the disc herniations was depicted by MRIs. Plaintiff was hospitalized for 3 days and obtained his treatment thereafter through the MSU health system. The brain injury continues to disable the Plaintiff who has never returned to work. Evidence of the injuries, including his brain trauma, was introduced through medical treaters and several lay witnesses including plaintiff’s wife, a college friend, and the co-worker present at the scene, among others. Their testimony was supplemented by multiple enlarged photos showing the plaintiff as he had been before the injury. Defendant conducted surveillance twice over the years. In 2017, they recorded the Plaintiff riding on a farm continued on pg. 28>

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MEDICAL MALPRACTICE

Non-Economic Damage Cap Consumer Price Index Adjustments Pursuant to MCL 600.1483, Subsection 4 (1), the State Treasurer of the State of Michigan has certified that the annual percentage change in the Detroit consumer price index for the 2022 calendar year was 8.2% (8.2 percent). For causes of action arising after September 30, 1993, this results in a cumulative 92.1% increase in the standard limitation on non-economic damages for a 2023 limitation of $537,900 and a cumulative 92.1% increase in the limitation on noneconomic damages for certain permanent disabilities for a 2023 limitation of $960,500. For causes of action alleging medical malpractice arising before October 1, 1993, the 8.2% increase in the Detroit consumer price index results in a cumulative 151.0% increase in the previous $225,000 limitation of noneconomic damages for a 2023 limitation of $564,800. Michigan.gov/treasury

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tractor. Plaintiff’s counsel reversed the intended effect of the surveillance by introducing testimony of Plaintiff’s 85-year-old mother who explained that she had driven the farm tractor to her son’s home to try to provide a means for him to engage in minimal tasks around the family farm to improve the depression he had suffered since the injury. The defense surveilled Plaintiff again in 2022 shortly before trial which contained over 20 minutes of plaintiff sitting in his truck in front of his children’s school and had only seconds of action on it when his children were getting into the truck. The entire 20-minute tape was played for the jury, including faces of other children and their family members who had nothing to do with the defense. Plaintiff’s counsel pointed out that, just to demonstrate that Plaintiff drove to his children’s school and helped his kids into the truck, the defense

introduction of the surveillance film caused those other videotaped children and parents to unwittingly become a part of this permanent court record. This seemed to resonate with the jury. The Defendant relied on examiners to minimize the injury. Those examiners, including Dr. Mary Kneiser, testified that the injury was minor and should have resolved within a week’s time. Dr. Kneiser went further and testified that the treating MSU physicians provided “unwarranted and excessive” treatment to Plaintiff. Again, Plaintiff’s counsel reversed the intended impact by focusing on Dr. Kneiser’s failure to “do anything” about the claimed fraud by the treaters. For example, Dr. Kneiser failed to report the doctors’ breach of ethics to the Michigan licensing authority, or even to the Board for PM&R physicians---a Board she sat on as a reviewing physician.

Plaintiff’s counsel also pointed out that the MSU physicians had no “motive” for prescribing “excessive” treatment because they are paid by salary, not by type or amount of treatment. Again, these arguments resonated with the jury. There were three facilitations over the years, but the Defense never offered more than $25,000. The Jury disagreed with that assessment, returning a verdict of $14,210,052. Of that amount, approximately $2.9 million was for past losses; $6.5 million was for future losses; and $4.8 million was for loss of consortium. Plaintiff’s counsel also presented testimony from retained experts, neuropsychologist Dr. Bradley Sewick of Southfield, and behavioral neurologist Dr. Randall Benson of Novi.

ELLIOTT V USA U.S. District Court, Western District of Texas Case Number #1:19-cv-00427-LY Judge’s name withheld The case was settled for $8,000,000. Plaintiff was represented by Jesse Reiter and Ann Randall of Bloomfield Hills.

In this medical malpractice claim, Plaintiff’s counsel obtained a settlement of $8 million dollars in a birth trauma case under the Federal Tort Claims Act.

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This birth trauma case against Carl R. Darnall Medical Center in Fort Hood, Texas arose out of the Defendant’s negligence in not recognizing and acting upon non-reassuring fetal heart rate tracings. In the hours before delivery, despite demonstrated persistent tachysystole and maternal tachycardia and despite worsening fetal heart tracings, the Defendant failed to recognize the danger to the fetus and did not move to perform a Cesarean section. Compounding that negligence was the physician’s egregious decision to start, and repeatedly increase, Pitocin to augment the labor. That decision was in direct violation of the Medical Center’s Standard Operating Procedure and well-established obstetric literature.

The Defendant’s failure to abide by the standard of care requiring a C-section resulted in catastrophic injury. The infant was born with severe hypoxic ischemic encephalopathy (HIE) which resulted in quadriplegic dystonic cerebral palsy, tube feeding dependence, cognitive impairment, and permanent severe gross and fine motor and speech disabilities. Plaintiff’s counsel conducted focus groups through InFocus Research Group Inc out of Shelby Township. The case resolved for a settlement of $8 million dollars.

CATINA PHILLIPS V BRAD DOWRICK Ingham County Circuit Court Case Number #18-409-NO Judge Honorable Wanda Stokes The jury returned a verdict of $13,426,000. Plaintiff was represented by Thomas Wuori and Blake Ringsmuth of Traverse City.

In this very difficult premises case, Plaintiff’s counsel obtained a verdict of over $13 million dollars. In 2015, Plaintiff rented an apartment from Defendant Landlord. Defendant had purchased the house on a foreclosure without an inspection and rented it to the Plaintiff within 30 days. The City inspected the property after the rental and notified the Landlord of defects that required attention. The Landlord was later cited for defects which included an unsafe furnace, and unsafe and deteriorating garage toe plates which are foundational structures necessary for a safe garage. In response to the citations, Defendant Landlord swore by affidavit to the City that he had made the repairs. Unfortunately, the affidavit was untrue.

Months after the violations were issued, Plaintiff tenant was in the garage, cleaning and preparing it for a birthday party for her son. One of her children lifted the garage door up. Instead of stopping at the top, the door traveled all the way to the back of the garage door rails, and off the back of those rails, falling onto Plaintiff’s head. Plaintiff immediately complained of pain and began a course of treatment that ultimately resulted in a cervical fusion at C5-6. Plaintiff had complications thereafter and has suffered with permanent residuals. Plaintiff did not seek legal advice until 2 years after the injury. Plaintiff’s counsel filed a complaint that included a negligence count and a count for violation of MCL 554.139. Defendant strongly contested liability, claiming first that the inspection and repair obligations had been transferred to the tenant under the lease. Plaintiff’s counsel obtained an admission from the Defendant at trial that the lease was never modified to extinguish his duty to provide a safe premises “fit for its intended purpose” on “day 1” of the lease. Defendant also argued that the garage door was not in an unsafe condition and, if it was, the defect was open and obvious. Plaintiff argued that the defect was not

visible to the average person and that it was Defendant Landlord, not the tenant, who received the notices regarding defective toe plates. Plaintiff’s counsel also introduced the testimony of two “experts” who installed garage doors for a living, one of whom had the opportunity to see the garage door in its defective state. Both installers explained that the toe plate violation was a “red flag” for garage door danger, including the unsafe cables and pulleys which had caused this door to dislodge. The Defendant relied on an expert engineer with a lot of degrees and little hands-on experience in installing and repairing garage doors, a fact that Plaintiff’s counsel repeatedly pointed out to the jury. Finally, photographs taken shortly after the incident helped the Plaintiff establish that the door was still in a defective condition a week after the injury occurred. Plaintiff counsel’s theme focused on the Defendant’s failure to make sure the rental was safe for the tenant “on day 1.” The Jury was persuaded and returned a verdict of $13,426,000. The verdict was comprised of past non-economic damages of $447,969; past economic damages of $105,688; future non-economic damages of $10,156,388; and future economic damages of $2,714,955. continued on pg. 30 >

EVA GONZALEZ V GARY KROHN AND DEANNE JANE KROHN

Pre-Suit The case was resolved for the Farm Bureau policy limits of $300,000. The Plaintiff was represented by Michael J. Garris of Ann Arbor.

In this third-party claim, Plaintiff’s counsel obtained the full policy of $300,000 pre-suit through extensive preparation and presentation of Plaintiff’s injuries. On Tuesday, January 21, 2020, Plaintiff Eva Gonzalez was working as a clerk inside the PS Food Mart. At approximately 6:10 p.m., a drunken Gary Krohn drove his 2015 Chevrolet Colorado into the building, causing the counter and other building debris to strike and seriously injure the Plaintiff. The entire event was captured on interior store video.

Defendant Krohn then put his vehicle into reverse and attempted to flee the scene but drove his vehicle into a ditch instead. Bystanders took the keys out of his ignition to prevent Krohn from attempting to leave again. This series of events was captured by video outside the store. Michigan State Troopers investigated and reported that Krohn said he had no idea he had crashed into the building. Krohn was unstable walking and used the Troopers’ car repeatedly to steady himself. Krohn failed field sobriety tests and his PBT was .112%. Troopers arrested Krohn for OWI and he was taken to the hospital for a blood draw. The toxicology report reflected a BAC of .151 grams per 100ml of blood. Gary Krohn’s liability was clear. Deanne Krohn was responsible as an owner of the Chevrolet Colorado. Plaintiff also pursued a claim of negligent entrustment against Deanne Krohn because Gary Krohn had a prior drinking and driving conviction.

Plaintiff’s injuries were life threatening and she was intubated and hospitalized for 9 days during which time she underwent three surgeries, including the removal of 105 cm of her small bowel. The surgeries resulted in significant abdominal scars that are permanent. Plaintiff’s injuries included multiple internal hemorrhages and avulsion injuries to internal organs in her chest, abdomen, and her colon. Plaintiff required a cane for three months and was unable to work for five months. She initially suffered from numbness in her legs from a lateral femoral nerve injury, as well as back pain, continuing abdominal pain, and significant psychological trauma, including a diagnosed post-traumatic stress disorder with resultant anxiety, depression, difficulty sleeping, and flashbacks. Although Plaintiff’s level of pain has reduced over time, the scarring and psychological trauma remain. The case was resolved for the Farm Bureau policy limits of $300,000.

MICHAEL DOOLEY V ADAM STEINBERG AND RANDY WISE CHRYSLER

Washtenaw County Circuit Court Case Number 20-000257-NI Judge Honorable Michael Pope The jury returned a verdict of $1,170,000. Plaintiff was represented by Chris Camper of Southfield.

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Plaintiff’s counsel obtained a verdict of $1,170,000 in a third-party auto negligence claim where Defendants’ highest offer was $30,000. Plaintiff Michael Dooley was 57 years old and a parking attendant manager for the U of M/Notre Dame football game. One of his employees asked him to cover her station while she used the restroom. He walked over to meet the employee, and both were standing by the cones that separated the lanes of traffic entering the parking lot; Plaintiff was positioned with his back to the entering traffic.

Defendant Adam Steinberg was the men’s tennis coach at U of M at the time and trying to enter the lot for the game. Unfortunately, the Defendant was not familiar with the parking lot, drove too close to the cones, and bumped Plaintiff from behind, continuing to slowly pull forward. Plaintiff, in an effort to see what had bumped him, turned around and the back tire of Defendant’s Jeep ran over Plaintiff’s foot, causing a serious injury. The Defendant insisted throughout the case that the Plaintiff had

“stepped into” his vehicle, causing his own injury. That defense appeared to be based on the responding police officer’s report which included a comment that the plaintiff had turned around and got his foot “stuck under the wheel” of the Defendant’s vehicle. In his opening at trial, Plaintiff’s counsel confronted the fallacy that Plaintiff “stepped into” Defendant’s vehicle; Counsel told the jury to hold him to this promise — “not one witness will say they saw the Plaintiff step into the car and not one witness will say they heard the Plaintiff say he stepped into the car.” To fulfill that promise, Plaintiff’s counsel put the police officer on the stand first; the officer acknowledged conducting a less than optimal investigation given that he did no investigation at the scene and did not speak with anyone who was present at the scene. Plaintiff’s counsel also went through the language used by the officer, laying the groundwork that the officer intentionally selected the words he chose to describe the incident, and that the officer knew the difference between what he had

written (foot stuck under the wheel) and “stepping into” the wheel. The officer acknowledged that, if he had intended to convey that the Plaintiff had “stepped into” the truck, he would have used that phrase. Plaintiff’s counsel also produced two witnesses to the incident, both of whom testified that Plaintiff was merely “standing there,” when the truck rolled over his foot. Plaintiff was hospitalized and diagnosed with a Lis Franc fracture of his left foot. An open reductioninternal fixation surgery was required where permanent hardware was implanted, leaving permanent and disfiguring scars. Following surgery, Plaintiff developed a dangerous postsurgical infection (MSSA), and deep vein thrombosis from the PICC line used to treat that infection. He was off work for approximately six months but was working again by the time of the trial. At trial, Plaintiff’s counsel relied on treating physicians and lay witnesses to describe the injury and its residuals.

Because Defendant clung to the premise that Plaintiff “stepped into” his own injury, the defense never valued the case correctly, rejecting both the case evaluation of $100,000, and a slightly higher facilitator’s number. Even after the trial testimony, Defendant never moved from its highest offer of $30,000. During voir dire, Plaintiff’s counsel learned that a member of the jury pool had suffered a Lis Franc fracture. Although recognizing that this panel member was more than likely not going to remain seated, Plaintiff’s counsel took the time to voir dire the panelist about his injury and how seriously it had impacted his life over the years since its occurrence, leaving the impression with the remaining jurors about how devastating this type of injury is. The Jury returned a verdict of $1,170,000, $670,000 of which was for future pain and suffering. Because the Plaintiff turned 60 years old the month before the trial, the future losses will not be reduced to present-day value.

CELIA NELSON V COMPREHENSIVE PAIN SOLUTIONS AND JEFFREY M. ROSENBERG

Wayne County Circuit Court Case Number #20-014461-NH Judge Honorable Annette J. Berry The jury returned a verdict of $17,344,144. Plaintiff was represented by Leanne Pregizer and Albert Dib of St. Clair Shores.

In this medical malpractice claim, Plaintiff’s counsel obtained a verdict of over $17 million dollars in a case evaluated at $200,000. The Plaintiff sought care from Defendant physician because she was suffering from chronic neuropathic pain caused by a nervous system pelvic pain loop and myofascial pain syndrome subsequent to hormone therapy treatments for endometriosis. Defendant told Plaintiff that her treatment course would start with two nerve blocks and escalate to a

radiofrequency ablation. After finding that the blocks were helpful in relieving her pain, Plaintiff underwent a radio frequency ablation. After arriving home on the day of the malpractice, Plaintiff found she was unable to walk and other serious residuals followed. Plaintiff learned that Defendant had performed the ablation of the inferior hypogastric plexus at S2, a procedure nowhere reported in the scientific medical literature. Plaintiff was never informed that continued on pg. 32 >

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she would be undergoing an experimental procedure. Plaintiff’s counsel developed the theme of unconsented “experimental surgery” supported by her expert. In response, Defendant argued that the procedure was a common procedure and not experimental. At trial under cross examination, the defense expert admitted that he had only done this type of ablation three times in his career. He also testified that some insurance companies would classify this type of ablation as experimental. The procedure injured the Plaintiff’s S2 nerve and rendered Plaintiff completely disabled. Plaintiff was unable to walk initially and required a wheelchair. She was also unable to tell when she needed to use the restroom and had to manually force bowel movements. Prior to the procedure, Plaintiff was living on

her own and working full-time as an executive-functioning art director at an international advertising agency; in that work, Plaintiff had received 5 Clio awards, the ad industry’s version of the Emmys. After the injury, Plaintiff was forced to return to the family home where her parents care for her full-time. By trial, Plaintiff was using a nerve stimulator which helped with bladder and bowel control and mobility. Although she is no longer wheelchair bound, Plaintiff still walks with a cane, still cannot perform daily life activities or drive and, at age 30, still must live with her parents who continue to take care of her. Plaintiff’s counsel presented impactful testimony from Plaintiff and Plaintiff’s sister, among others, in response to Defendant’s contention that the procedure had not changed Plaintiff’s

level of pain. Plaintiff testified that the Defendant’s treatment had taken her life and her career and sent her into an emotional darkness. Plaintiff’s sister reminisced about their history together, and how painful it is to watch her younger sister become a shell of her former self. Plaintiff’s occupational rehabilitation expert, Beth Pasikowski of Grand Rapids, testified that Plaintiff would never be able to return to work in-person or remotely. She also assessed the replacement cost associated with Plaintiff’s inability to perform normal household and other daily functions. Plaintiff’s forensic economist, Dr. Nitin Paranjpe of Bloomfield Hills, presented Plaintiff’s economic losses at trial. The Jury returned a verdict of $17,344,144.

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Seminar in the Snow

Thank you for attending MAJ’s 2023 Seminar in the Snow!

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2023 CHAMPION OF JUSTICE AWARD

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Saturday, May 6, 2023 MGM Grand Casino | Detroit

JUDITH A. SUSSKIND

2023 MAJ WOMEN’S CAUCUS AWARD OF EXCELLENCE

Congratulations to the 2021 Champion of Justice, MAJ Past President and leader of our firm, Congratulations to the 2021 Champion of Justice, MAJ Past President and leader of our firm, Scott Scott, A. A. Goodwin. Goodwin. For 36 withaa steadfast steadfastcommitment commitment treating each client For 35 years, years,he hehas hasguided guided our our firm firm with to to treating each client likelike a a member of his own family. Likewise, he is committed daily to protecting the civil justice system member of his own family. Likewise, he is committed daily to protecting the civil justice system in in protecting Right to Trial by Jury. Throughout his professional career, he has obtained protecting the the Right to Trial by Jury. Throughout his professional career, he has obtained incredible incredible results year after year for our clients with his stellar legal skills, civility and compassion. results year after year for our clients with his stellar legal skills, civility and compassion. Additionally, for 36 years, he has dedicated and donated his time to MAJ and the fight for justice

Additionally, for 35leadership years, he roles. has dedicated and his time to MAJ and justice in in the numerous We salute hisdonated unwavering contribution to the the fight legalfor profession. the numerous leadership roles. We salute his unwavering contribution to the legal profession.

"Win with Goodwin"

Scott Goodwin Law 999 Haynes Street, Suite 385 | Birmingham, MI 48009 | Phone: 248-644-4529 | www.1888goodwin.com michiganjustice.org

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MAJ’s 2023 Vendor Directory For more details about the vendors, please visit www.michiganjustice.org/vendordirectory.

Advocacy

Cyber Liability Insurance

CPAN, Coalition Protecting Auto No-Fault Martha Levandowski | P: 517-331-9083

Rosenfeld Insurance Agency (Gold Sponsor) Ray Horenstein | P: 248-330-7979 E: [email protected]

Case Management

Jason Rosenfeld | P: 248-202-1030 E: [email protected]

MANAGED REHABilitation Consultants, Inc. Annelle Hill | P: 877-614-6410 E: [email protected] Rehab Innovations Nicole Ulrich | P: 248-674-1028 E: [email protected] RehabiliTory Solutions Medical Case Management Tory Hudson | P: 517-803-2261 E: [email protected]

Expert Witnesses Robson Forensic (Gold Sponsor) Jeremy Conley | P: 614-210-7400 E: [email protected]

Child Custody Investigations

Explico Meryl Gardynik | P: 248-731-5197 E: [email protected]

Wayne Bisard Investigations Wayne Bisard | P: 517-917-0718 E: [email protected]

Saponaro Inc Guy Saponaro | P: 440-639-1413 E: [email protected]

Civil Litigation

Forensic Economist

Wayne Bisard Investigations Wayne Bisard | P: 517-917-0718 E: [email protected]

Beacon Rehab (Silver Sponsor) Ron Smolarski | P: 800-821-8463 E: [email protected]

Colorized Diagnostic Films

Fraud Investigation

MedLegalVisuals, LLC Paul Waldinger | P: 877-789-4200 E: [email protected]

Wayne Bisard Investigations Wayne Bisard | P: 517-917-0718 E: [email protected]

Criminal Defense

Functional Capacity Evaluator

Eugene Butler, Private Investigator P: 810-513-0662 E: [email protected]

Beacon Rehab (Silver Sponsor) Ron Smolarski | P: 800-821-8463 E: [email protected]

Criminal Litigation

Home Modification

Wayne Bisard Investigations Wayne Bisard | P: 517-917-0718 E: [email protected]

Home Modification Occupational Therapy Alliance - HMOTA Karen Koch | P: 269-978-8340 E: [email protected]

Criminal Sexual Misconduct Eugene Butler, Private Investigator P: 810-513-0662

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L Squared Insurance Agency LLC Justin Norcross | P: 616-940-1101 E: [email protected]

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In-Home Health Care HomeCare Transitions, Inc Pat Slayton | P: 269-883-6002 E: [email protected]

Law Firm Funding SBA Funding (Silver Sponsor) Daniel DiMauro | P: 860-550-5350 E: [email protected]

Law Firms Fabian, Sklar, King & Liss, PC (Silver Sponsor) P: 248-553-2000 Liss, Seder & Andrews PC (Silver Sponsor) P: 248-647-9700

Medical, Dental, Vision Insurance (Group/Individual) and Employee Benefits Rosenfeld Insurance Agency (Gold Sponsor) Ray Horenstein | P: 248-330-7979 E: [email protected] Jason Rosenfeld | P: 248-202-1030 E: [email protected]

Medical Illustration

Legal Nurse Consulting

D'Angelo Visuals (Gold Sponsor) Lisa D'Angelo | P: 248-342-7073 E: [email protected]

Lohmeier Consulting Stacey Lohmeier | P: 313-909-3444 E: [email protected]

MediVisuals (Silver Sponsor) Lori Bricking | P: 513-908-2016 E: [email protected]

Lien Resolution

MedLegalVisuals, LLC Paul Waldinger | P: 877-789-4200 E: [email protected]

MASSIVE: Medical and Subrogation Specialists Todd Franklin | P: 248-213-8700 E: [email protected]

Life Care Planning Physician Life Care Planning (Gold Sponsor) Abbey Vela | P: 210-501-0995 E: [email protected] Beacon Rehab (Silver Sponsor) Ron Smolarski | P: 800-821-8463 E: [email protected] Catastrophic Care Consulting Nicole Ulrich RN, CCM, CNLCP | P: 248-224-5010 E: [email protected] MANAGED REHABilitation Consultants, Inc. Annelle Hill | P: 877-614-6410 E: [email protected]

Malpractice Insurance Rosenfeld Insurance Agency (Gold Sponsor) Ray Horenstein | P: 248-330-7979 E: [email protected]

Medical Records/Medical Records Review Catastrophic Care Consulting Nicole Ulrich RN, CCM, CNLCP | P: 248-224-5010 E: [email protected] MANAGED REHABilitation Consultants, Inc. Annelle Hill | P: 877-614-6410 E: [email protected] Saponaro Inc Guy Saponaro | P: 440-639-1413 E: [email protected]

Medicare Set-Asides (MSAs) MASSIVE: Medical and Subrogation Specialists Todd Franklin | P: 248-213-8700 E: [email protected]

Nursing Experts

Jason Rosenfeld | P: 248-202-1030 E: [email protected]

Lohmeier Consulting Stacey Lohmeier | P: 313-909-3444 E: [email protected]

L Squared Insurance Agency LLC Justin Norcross | P: 616-940-1101 E: [email protected]

MANAGED REHABilitation Consultants, Inc. Annelle Hill | P: 877-614-6410 E: [email protected]

MAJ’s 2023 Vendor Directory (continued)

Nursing Experts (continued) Saponaro Inc Guy Saponaro | P: 440-639-1413 E: [email protected]

Plaintiff Funding Preferred Capital Funding (Diamond Sponsor) Jason Porter | P: 614-596-8860 E: [email protected] Lawsuit Financial (Silver Sponsor) Mark Bello | P: 877-377-7848 E: [email protected] Capital Financing Howie Golden | P: 404-376-7342 E: [email protected]

Property/Casualty, Home and Auto Insurance

Structured Settlements/ Settlement Planning Mark Vogel, MSSC, Ringler Associates (Diamond Sponsor) Mark Vogel | P: 616-450-8882 E: [email protected] CW Settlements (Platinum Sponsor) Tom Stockett | M: 248-766-2408 E: [email protected] Rimon Bebawi | M: 216-702-8595 E: [email protected] Hathaway Settlements Chris Hathaway | P: 248-715-5250 E: [email protected]

Vocational Expert Beacon Rehab (Silver Sponsor) Ron Smolarski | P: 800-821-8463 E: [email protected]

Rosenfeld Insurance Agency (Gold Sponsor) Ray Horenstein | P: 248-330-7979 E: [email protected] Jason Rosenfeld | P: 248-202-1030 E: [email protected]

Rehabilitation Facilities Preferred Rehabilitation (Gold Sponsor) Joanna Colella | P: 248-763-7630 E: jrohl@[email protected] Trauma Trained Chiropractors of Michigan (Silver Sponsor) Dr. Jeffrey Lupo | P: 586-772-5876 E: [email protected] Dr. Adam Rodnick | P: 248-366-6378 E: [email protected] Dr. Khaled El-Ganainy | P: 810-715-7745 E: [email protected]

Stock Trial Exhibits MedLegalVisuals, LLC P: 877-789-4200 E: [email protected]

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Want your business included? If you want your business to have a presence on our website, printed directory, and Journal, the cost is $250 for one service listing. Additional listings are $50 each. Your business name and contact information will be included and linkable to your website on the digital versions. To sign up for this valuable advertising opportunity visit www.michiganjustice.org/vendordirectory or email [email protected]

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“The MAJ list server gives me quick, easy access to some of the best legal minds in the business! This is especially valuable to sole practitioners like myself.” LISA A. WELTON Law Office of Lisa A. Welton, Southfield

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2023 MAJ STALWARTS JOIN YOUR COLLEAGUES AND CONTRIBUTE TODAY! MAJ sincerely thanks, and is pleased to recognize, MAJ Stalwart members whose generosity and financial commitments help us to serve our members and their clients through effective representation at both the state and national levels. Contributions support MAJ, Justice PAC, and AAJ PAC, and are based on a two-year election cycle (November 2022-October 2024).

MVPs | $150,000+ The Sam Bernstein Law Firm, Farmington Hills CHAMPIONS | $125,000 - $149,999 Sommers Schwartz, Southfield HEROES | $100,000 - $124,999 Ven Johnson Law, Detroit McKeen & Associates, Detroit WARRIORS | $75,000 - $99,999 Michigan Auto Law, Farmington Hills Pitt McGehee Palmer Bonanni & Rivers PC GUARDIANS | $50,000 - $74,999 Miller & Tischler PC, Farmington Hills Lee B. Steinberg PC, Southfield DEFENDERS | $25,000 - $29,999 Conybeare Law Office, St. Joseph Fabian, Sklar, King & Liss, Farmington Hills Goodman Acker, Southfield Lipton Law Center, Southfield Liss, Seder & Andrews, Bloomfield Hills Reiter & Walsh, Bloomfield Hills The Thurswell Law Firm, Southfield ADVOCATES | $15,000 - $24,999 Freid, Gallagher, Taylor & Associates, Saginaw Fagan McManus, Royal Oak Gruel, Mills, Nims & Pylman, Grand Rapids NachtLaw, Ann Arbor Serling & Abramson P.C., Birmingham The Sinas Dramis Law Firm, Lansing Law Offices of Todd J. Stearn PC, Southfield

STALWARTS | $10,000 - $14,999 Barry D. Adler, Traverse City Robert J. MacDonald, Flint Marko Law PLLC, Detroit Mindell Law, Southfield Ringsmuth Wuori PLLC, Traverse City Romano Law, Pleasant Ridge Frederic M. Rosen, Detroit The Seva Law Firm, Troy PATRONS | $5,000 - $9,999 Cochran, Kroll & Associates, PC, Livonia The Corey Law Firm, Royal Oak Fried Saperstein Sakwa, Royal Oak Berry J. Gates, Ann Arbor Goethel Engelhardt, Ann Arbor Goodwin & Scieszka, Birmingham Gray, Sowle, Iacco & Richards, Mt. Pleasant Law Offices of Robert June, P.C., Ann Arbor Kepes & Wine, Southfield Michigan Auto Law, Farmington Hills Neumann Law Group, Traverse City Olsman, MacKenzie, Peacock & Wallace, Berkley Raitt Law PLLC, Southfield The Sharp Law Firm, Clinton Township Jay Trucks & Associates, Clare Weiner & Randall, Bingham Farms

THANKYOU YOUtotoourourgenerous generous MAJ Builders’ Circle THANK MAJ Builders’ Circle

members! The Michigan Association Justice appreciates members! The Michigan Association forfor Justice appreciates your support helping create a fund dedicated your support in in helping create a fund dedicated toto maintaining and improving our new home. maintaining and improving our new home.

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Mick Grewal Grewal Law PLLC Mick S. S. Grewal Sr.,Sr., Grewal Law PLLC Ven Johnson, Johnson Law, PLC Ven Johnson, Johnson Law, PLC Brian J. McKeen, McKeen & Associates Brian J. McKeen, McKeen & Associates David Mittleman, Grewal Law PLLC David S. S. Mittleman, Grewal Law PLLC Vadim Sigal, Sigal Law Firm Vadim Sigal, Sigal Law Firm Fabian, Sklar, King & Liss P.C. Fabian, Sklar, King & Liss P.C. Lipton Law Lipton Law Miller & Tischler Miller & Tischler PCPC Paul Shibley, West Michigan Injury Lawyers, PLC Paul Shibley, West Michigan Injury Lawyers, PLC Todd J. Stearn, Law Offices Todd J. Stearn, P.C. Todd J. Stearn, Law Offices of of Todd J. Stearn, P.C.

PAT RO NS PAT RO NS Shereef Akeel, Akeel & Valentine, PLC Shereef Akeel, Akeel & Valentine, PLC Nick Andrews, Liss, Seder, Andrews, P.C. Nick Andrews, Liss, Seder, Andrews, P.C. Applebaum & Stone, PLC Applebaum & Stone, PLC Brooke Lauren Archie Brooke Lauren Archie Bahrie Law Bahrie Law Baratta & Baratta, P.C. Baratta & Baratta, P.C. Michael J. Behm Michael J. Behm Christensen Law Christensen Law Conybeare Law Office, P.C. Conybeare Law Office, P.C. Robert H. Darling Robert H. Darling Fagan McManus, P.C. Fagan McManus, P.C. Walid Y. Fakhoury, Fakhoury Law Firm Walid Y. Fakhoury, Fakhoury Law Firm Todd Flood, Flood Law PLLC Todd Flood, Flood Law PLLC Freid, Gallaher, Taylor & Associates, Freid, Gallaher, Taylor & Associates, PCPC Barry J. Gates Barry J. Gates Goodman Acker P.C. Goodman Acker P.C. Scott Goodwin Law P.C. Scott Goodwin Law P.C. Russell Gregory, The Law Offices P.C. Russell Gregory, The Law Offices of,of, P.C. Gruel Mills Nims & Pylman PLLC Gruel Mills Nims & Pylman PLLC David L. Haron David L. Haron Michael Heilmann Michael G. G. Heilmann

Alan Helmkamp Alan C. C. Helmkamp Latham Law Latham Law Liss, Seder & Andrews, P.C. Liss, Seder & Andrews, P.C. Liss, Shapero & Mitnick Liss, Shapero & Mitnick Robert J. MacDonald Robert J. MacDonald Mancini Schreuder Kline P.C. Mancini Schreuder Kline P.C. Marienfeld Law, PLLC Marienfeld Law, PLLC Olsman MacKenzie Peacock & Wallace Olsman MacKenzie Peacock & Wallace Padilla Law Group Padilla Law Group Puzio Law, P.C. Puzio Law, P.C. Bobby Raitt, Raitt Law, PLLC Bobby Raitt, Raitt Law, PLLC Jesse M. Reiter, Reiter & Walsh, Jesse M. Reiter, Reiter & Walsh, PCPC Frederic M. Rosen Frederic M. Rosen Mel & Drew Saperstein Mel & Drew Saperstein Seva Law Firm Seva Law Firm Sinas, Dramis, Larkin, Graves & Waldman, P.C. Sinas, Dramis, Larkin, Graves & Waldman, P.C. Sommers Schwartz, P.C. Sommers Schwartz, P.C. Tom Waun Tom Waun Whiting Law Whiting Law John A. Zick John A. Zick

S PP U PP RT ES RS SU OO RT ER Alan J. Counard, P.C. Alan J. Counard, P.C. Eardley Law Offices, P.C. Eardley Law Offices, P.C. Julie A. Gafkay Julie A. Gafkay Ross Gilders, MichiganLawsuit.com, P.C. Ross Gilders, MichiganLawsuit.com, P.C.

Vincent Lorelli Vincent R. R. Lorelli William Samuel Stern William Samuel Stern Liz Thomson Liz Thomson

UPCOMING EVENTS: Mark Your Calendars

MAY 6, 2023 MAJ Annual Banquet MGM Grand Detroit

JUNE 7-9, 2023 Summer Convention Grand Rapids, MI

JULY 26, 2023 | 5:30 P.M. Employment Law Event Lockhart’s BBQ, Royal Oak

SEPTEMBER 21, 2023 Traumatic Brain Injury Seminar Four Points by Sheraton, Novi

Have a Great Seminar Topic? MAJ IS SEEKING VOLUNTEERS TO PRESENT WEBINARS ON A NATIONAL LEVEL. Webinars are only 1.25 hours long and can be done from your home or office with just a computer and PowerPoint presentation, and give presenters considerable national exposure.

OCTOBER 26-27, 2023 No-Fault Institute XX Four Points by Sheraton, Novi

Submit proposed webinar titles and descriptions to Michelle Lefke at [email protected]. michiganjustice.org

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ADVERTISER DIRECTORY PLEASE SUPPORT THOSE WHO SUPPORT MAJ DIAMOND SPONSOR Mark Vogel, Ringler Associates .............................................................................................................................................................................. 11 Preferred Capital Funding........................................................................................................................................................................................16 PLATINUM CW Settlements............................................................................................................................................................................................................... 15 GOLD SPONSOR D’Angelo Visuals................................................................................................................................................................................................................6 Physician Life Care 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