Success for McKeen & Associates in Michigan Court of Appeals Verdict: Triumph for Malpractice Sufferers and Grieving Relatives
In a significant decision, the Michigan Court of Appeals has ruled that surviving family members can seek "Loss of Services" damages in wrongful death cases following the death of a loved one. This ruling, made in the case of Estate of Kenneth Pionk III v. VHS Harper-Hutzel Hospital Inc., clarifies the current law in Michigan.
The case involved a newborn named Kenneth Pionk III who tragically passed away from neonatal sepsis, a treatable infection that went undiagnosed and untreated. The family of Kenneth Pionk III was represented by McKeen & Associates, a Michigan-based law firm, with attorneys Brian McKeen, John LaParl, and Tali Wendrow taking on the case.
The defendants in the case had appealed to have both future loss of earnings and household services losses dismissed. However, the court ruled that while claims for lost earning capacity must be dismissed under a recent Michigan Supreme Court decision (Daher, 2024), the family is entitled to pursue damages for the loss of household services the child might have provided had he lived.
This ruling doesn't fix the blatantly unfair Michigan malpractice caps, but it allows parents who lost a child or infant due to negligence to pursue the economic value of the services they would have performed for the family. McKeen & Associates, P.C. is continuing to fight for the rights of individuals and families who have been victimized by medical malpractice to receive full and fair compensation.
The published decision sets a legal precedent governing future cases involving infant wrongful death claims in Michigan. The Michigan Wrongful Death Act (WDA) permits family members such as spouses, children, parents, and other statutory heirs to recover various damages including compensation for pain and suffering, loss of companionship, financial support, and loss of services resulting from the wrongful death caused by another's negligence or fault. Loss of services typically refers to the economic value of the decedent’s contribution to household or family services, care, and support.
It's important to note that the wrongful death lawsuit must be brought by the personal representative of the deceased's estate within three years from the date of death, as specified in Michigan’s wrongful death statute. Michigan’s no-fault survivor’s loss benefits related to motor vehicle collisions include compensation for lost income and replacement services but are distinct from wrongful death claims and are limited to three years’ benefits.
McKeen & Associates, P.C. is a leader in representing individuals injured by the negligence of others, particularly in or by hospitals and physicians. The firm represents clients in both federal and state courts brought throughout Michigan and the United States. McKeen believes that the Michigan malpractice damage caps are unjust and unconstitutional and is currently appealing their constitutionality.
This decision provides a legal victory for victims of medical malpractice and their families, ensuring that they can seek justice and fair compensation for the loss of services their loved ones would have provided. The case is significant in reinforcing the right to seek loss of services damages after death, clarifying that such damages are recoverable and not legally barred as a class of damages following a wrongful death.
- In the aftermath of the unfortunate death of their newborn, Kenneth Pionk III, due to medical negligence, the family is now entitled to pursue damages for the loss of household services that the child would have provided, as this case sets a precedent for future infant wrongful death claims in Michigan under the Michigan Wrongful Death Act (WDA).
- This groundbreaking decision in the case of Estate of Kenneth Pionk III v. VHS Harper-Hutzel Hospital Inc. underscores the importance of recognizing and attributing value to the economic contributions made by individuals, especially in terms of health and wellness, exemplified by the loss of services a child would have provided to their family.
