Jomaa v Prime Healthcare Services-Garden City, LLC & Vasquez v Nugent – Trials & Appeals & Compensation


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J.R. Poll recently filed amicus curiae
briefs on behalf of the Michigan Society for Healthcare Risk
Management (MSHRM) in the Michigan Court of Appeals in the matters
of Jomaa v Prime Healthcare Services-Garden City,
LLC
 (Docket No. 358209) and Vasquez v Nugent, et al (Docket
No. 358134). The Michigan Court of Appeals has granted leave to
appeal
in Jomaa and Vasquez to
address whether a decedent’s estate is entitled to recover the
decedent’s future earnings under the wrongful death act (WDA)
where no estate beneficiary had an expectation of receiving
financial support from the decedent. The decedent
in Jomaa was a 13-year-old minor while the
decedent in Vasquez was a stillborn infant. In
these cases, the Court of Appeals will address the recent Court of
Appeals opinion in Denney v Kent County Road
Commission,
 317 Mich App 727 (2016) which has been cited
by plaintiffs as support for the position that the WDA allows
recovery of the decedent’s future earnings without regard to
financial support. The amicus curiae briefs support the
defendants’ position that prior binding published opinions of
the Michigan Supreme Court and the plain language of the WDA limit
an estate to the recovery of future earnings only to the extent of
the reasonable expectation of financial support of estate
beneficiaries.

MSHRM draws its membership from many
different areas of healthcare including large/small, urban/rural,
and acute/long-term/specialty care. The bylaws of MSHRM broadly
accommodate any individual with an interest in healthcare risk
management. MSHRM exists to provide a forum for individuals
involved with healthcare risk management to exchange information
and ideas.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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