MSU settles Nassar claims, high court ends conflict over juvenile life sentences
BridgeTower Media Newswires
DETROIT, MI — MSU agrees to pay $500M to settle Nassar claims Michigan State University agreed to pay $500 million to settle claims from more than 300 women and girls who said they were assaulted by sports doctor Larry Nassar in the worst sex-abuse case in sports history, officials announced May 16.
The deal surpasses the $100 million-plus paid by Penn State University to settle claims by at least 35 people who accused assistant football coach Jerry Sandusky of sexual abuse, though the Nassar agreement involves far more victims.
Michigan State was accused of ignoring or dismissing complaints about Nassar, some as far back as the 1990s. The school had insisted that no one covered up assaults, although Nassar’s boss was later charged with failing to properly supervise him and committing his own sexual misconduct.
“We are truly sorry to all the survivors and their families for what they have been through, and we admire the courage it has taken to tell their stories,” said Brian Breslin, chairman of Michigan State’s governing board. “We recognize the need for change on our campus and in our community around sexual assault awareness and prevention.”
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MSC ends conflict over juvenile life sentences
LANSING (AP) Judges, not juries, have the sole power to decide whether someone under 18 gets life in prison without parole, the Michigan Supreme Court ruled June 20.
The 4-2 decision settled a conflict at the Michigan Court of Appeals and cleared the way for more than 200 new sentencing hearings for so-called juvenile lifers that had been on hold for more than a year.
The Supreme Court said there are no constitutional violations in allowing a judge to order a no-parole sentence for a teen. Chief Justice Stephen Markman, writing for the majority, said a trial judge doesn’t need to find any particular fact before choosing the highest punishment.
The case landed at the Supreme Court after the appeals court in 2015 said a no-parole sentence for a minor would fit only if a jury finds that the crime is the result of “irreparable corruption,” something so heinous that parole shouldn’t apply.
Markman, however, said the interpretation was wrong.
“If the trial court simply finds that there are no mitigating circumstances, it can sentence a juvenile to life without parole,” he wrote.
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MSC tie is victory for lawyer in will dispute
LANSING (AP) A lawyer who prepared a friend’s will and stands to reap millions of dollars with his sons has survived an appeal by the man’s family.
Bobby Mardigian’s relatives didn’t get anything from him and want the will to be set aside, claiming there was undue influence by attorney Mark Papazian. But the Michigan Supreme Court was deadlocked at 3-3 June 21, which means a Michigan Court of Appeals decision in favor of the lawyer will stand.
The case returned to Charlevoix County for Papazian to get a chance to show there was nothing improper with how he and two sons inherited the bulk of his close friend’s estate. At stake: $16 million.
Chief Justice Stephen Markman said the “guiding polar star” in Michigan probate law is that the wishes of the deceased should be honored. Allegations of misconduct by a lawyer might trigger an ethics investigation, he said, but still not spoil a will.
Justice Bridget McCormack, however, said Markman and justices Brian Zahra and Elizabeth Clement were applying an “outdated precedent” from a 1965 case that should be overturned.
“Those who draft wills should not benefit from them. We owe the public better. ... Yes, lawyers who violate their ethical duties to clients can be punished in the disciplinary process. But that only solves part of the problem,” said McCormack, who was joined by justices Richard Bernstein and David Viviano.
A tie occurred because a seventh justice, Kurtis Wilder, didn’t participate. He recused himself because he handled the case when he was a judge on the appeals court.
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Plaintiff wins $16.2M in med-mal case
A child’s cerebral palsy was determined to be the result of negligent medical care, and that negligence led to a $16.2 million settlement in favor of the plaintiffs in a medical malpractice case.
Brian J. McKeen and John LaParl of McKeen & Associates PC in Detroit represented the child’s family in the case, which required a nondisclosure of the child and medical personnel’s identities.
McKeen also reported that the court case name, venue and opposing attorneys are confidential.
“Nothing will ease the suffering of this child, but at least this settlement will alleviate some of the financial burden from his caretakers,” McKeen said.
The child will now require lifelong 24-hour care.
Trouble for the child began one week after being born prematurely at 25 weeks gestation. The baby’s health was normal during its first week of life, but on its eighth day, a procedure to wean the baby off of its ventilator resulted in complications.
“Shortly after the baby was excavated, the baby demonstrated some evidence of respiratory compromise with rising carbon dioxide levels and decreasing oxygen levels,” McKeen said. “Shortly thereafter, it had a slower heart rate, lower blood oxygen levels and had poor color.”
Communication and charting errors led to delays in the baby receiving the urgent care it needed, McKeen said, and that resulted in further injury while the baby did not receive chest compressions.
After one doctor was not able to reintubate the baby, another doctor was able to do so, but further damage had been done.
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Wayne County jury awards $135M in med-mal case
A Wayne County Circuit Court jury awarded a young girl and her family $135 million due to injuries sustained from a spinal cord operation.
That child is now 17 years old, but she suffered the injuries when she was 10. Prior to the surgery, she was diagnosed with scoliosis, and it became bad enough to warrant an operation to straighten out her spine with hardware.
Southfield attorney Geoffrey Fieger of Fieger Law represented the plaintiff in Tina Dixon, as Next Friend of Faith DeGrand, a Minor, v. VHS Children’s Hospital of Michigan.
“Scoliosis won’t cripple you, but as you get older, they believe that severe cases bend you over so it affects your lung capacity, but that’s years later,” Fieger said.
DeGrand’s physical condition before surgery wasn’t yet impacted by scoliosis, Fieger said. Following surgery, however, she had quadraparesis and lost all bowel and bladder function.
“The doctor didn’t do any pre-operative baseline screening. He hadn’t seen her for two years, and he didn’t do a pre-operative MRI to determine how she had changed in two years,” Fieger said. “She had another condition called kyphosis, which, in addition to the curvature of her spine, is a forward leaning of her cervical neck.”
Fieger added that individuals with kyphosis tend to be more sensitive and susceptible to spinal cord stretching, and that it could produce paralysis or incontinence.
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MSC issues split decision on innocent third-party rule
The Michigan Supreme Court has ruled on the viability of the innocent third-party rule and the decision can be described as a mixed bag.
In the much-anticipated opinion in Bazzi v. Sentinel Insurance Company (MiLW No. 06-98116, 43 pages) issued July 18, the Supreme Court affirmed the Michigan Court of Appeals decision that the high court’s ruling in Titan Ins. Co. v. Hyten (2012) abrogated the innocent third-party rule.
But the high court majority also reversed the portion of the appeals court opinion that held Sentinel was automatically entitled to rescission by operation of law. The matter was remanded to the Wayne County Circuit Court to determine “whether rescission is available as an equitable remedy as between Sentinel and plaintiff.”
Justice Kurtis T. Wilder wrote the majority opinion, joined by Chief Justice Stephen J. Markman and Justices Brian K. Zahra, Richard H. Bernstein and Elizabeth T. Clement.
Justice Bridget M. McCormack dissented, joined by Justice David F. Viviano, stating that the decision to permit rescission litigation when that remedy is inconsistent with the No-Fault Act is “a victory only for lawyers.”
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Jury awards $130.5M in med-mal suit against Beaumont Hospital
An Oakland County Circuit Court jury awarded $130.5 million to the family of a child who was two months old when he sustained permanent brain damage resulting in cerebral palsy.
A unanimous jury verdict declared that a pair of Beaumont Hospital technicians failed to provide proper care when Vihn Tran suffered a breath-holding spell while receiving an IV during an outpatient renal scan.
Plaintiff’s attorney Brian J. McKeen, managing partner of McKeen & Associates PC in Detroit, said the baby was without breath for about 12 minutes.
“It was crucial that we proved the technicians didn’t do what they were required and trained to do, which is immediately call a code blue and to immediately check a pulse and give chest compressions,” McKeen said.
McKeen said he had to refute theories from defendants about what occurred during the time of the breath-holding spell.
“Initially, the tech testified that she didn’t have any recollection of the facts beyond what was in the medical record, which said that she gave breaths but not chest compressions. After their expert witness acknowledges the standard care required chest compressions, her testimony changed that she immediately called a code,” McKeen said.
Beaumont Hospital officials provided a statement on the case that stated in part: “We believe the care we delivered was appropriate.”
Women help Democrats take back key offices in Michigan
LANSING (AP) Michigan Democrats seized power in state government again after a long drought and flipped two prized congressional seats thanks to a slate of female candidates who drew strong support from women voters.
Gretchen Whitmer’s comfortable win over Republican Bill Schuette in the Nov. 6 gubernatorial race began a great night for a female-centric Democratic ticket that also included U.S. Sen. Debbie Stabenow, who defeated challenger John James.
Jocelyn Benson became the first Democrat to win the Secretary of State’s office in 28 years. Dana Nessel is first Democrat elected as Michigan attorney general in 20 years after defeating Republican Tom Leonard. U.S. House candidate Haley Stevens won an open GOP-held seat while another nominee, Elissa Slotkin, beat a Republican incumbent.
Whitmer was a state lawmaker for 14 years — always in the minority — and later served as Ingham County’s interim prosecutor. As the top Democrat in the Senate, she spoke forcefully against GOP-backed laws that slashed business taxes while raising them on individuals, made union fees optional, and required residents or businesses wanting health insurance coverage for elective abortions to buy extra coverage.
Democratic nominee Megan Cavanagh, helped narrow Republicans’ advantage on the Michigan Supreme Court to 4-3 after defeating Justice Kurtis Wilder, a Snyder appointee, though candidates were not identified by party on the ballot. Another Snyder appointee, Justice Elizabeth Clement, will stay on the bench after winning the most votes. Samuel Bagenstos came in fourth.
Client wins $13.1M in suit against attorney
A patent owner who was told that his patent on a laptop battery device was worth more than $1 billion walked away with a significantly smaller amount, and only after he sued his former counsel.
Ed Chung sued Terry Rader of Rader Fishman for legal malpractice after the firm failed to come through with a successful suit of several computer companies. Chung hired Norman A. Yatooma of Yatooma & Associates PC in Bloomfield Hills to complete the malpractice suit.
“There were late filings, totally mismanaged arguments, failure to name witnesses, produce experts, or produce any demonstrative exhibits timely, and then doing things that go way beyond the case,” Yatooma said.
Chung owned a patent on a product that extended laptop battery life, and large companies such as Microsoft and Samsung began using the product for free.
Chung hired Rader to go after the computer companies, and Rader said the patent was worth $1.3 billion, Yatooma said.
As the case went on, Rader’s firm requested to increase the initial fee cap of $6 million to $7 million. Chung agreed to this and then to raise it again to $8 million. However, when the firm wouldn’t agree to a contingency agreement at that point, Chung was told to find other counsel to finish the case.
Yatooma said Rader Fishman then requested another $3 million from Chung because they claimed Chung terminated the firm, and that’s when Chung decided to file suit against his former counsel.
The case concluded with the $3-million liquidated damage claim being dropped, and Chung being awarded $13.1 million.
Defense counsel Michael P. Ashcraft Jr. of Plunkett Cooney in Bloomfield Hills said in an emailed statement, “The events alleged happened more than six years ago. The lawsuit itself was settled months ago. The firm to which the matter referred no longer exists. Nobody with the new firm had anything whatsoever to do with the St. Clair matter.”
St. Clair Intellectual Property Consultants Inc. is listed as the plaintiff in the case.
Ex-Monroe judge gets year in prison in violent sex case
MONROE (AP) A former judge accused of paying women for violent sex has been sentenced to at least one year in prison, far less than what prosecutors had sought.
Jarod Calkins was a District Court judge in Monroe County at the time. He was initially charged with prostitution crimes, but the charges were replaced by misconduct in office charges. The four young women wanted to remain anonymous.
The attorney general’s office asked for a minimum of three to four years in prison Nov. 29. But Judge Archie Brown settled on a year, which means Calkins will be eligible for parole after 12 months.
Calkins told the judge he was in a “dark place” when the events occurred. Statements written by victims were read in court. One woman said she felt like Calkins’ “personal sex slave.” Evidence shows he choked them and beat them with whips.
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