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Thorn v. Mercy Memorial Hospital Corp

761 N.W.2d 414 (2008)

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Thorn v. Mercy Memorial Hospital Corp

Court of Appeals of Michigan
761 N.W.2d 414 (2008)

  • Written by Rose VanHofwegen, JD

Facts

The personal representative of Laurie Greene’s estate, Marchelle Thorn (plaintiff) sued Mercy Memorial Hospital Corporation (the hospital) and four doctors (defendants) contending that medical malpractice resulted in Greene bleeding to death after a Caesarian section. Thorn sought damages including the economic value of household services Greene provided to her children. An economics expert testified that replacing the services Greene provided for her children would cost $1.45 million. The hospital and doctors sought to preclude the claim for those damages and exclude the expert’s testimony on the ground that Michigan’s Wrongful Death Act (WDA) did not list loss of services among recoverable damages. Alternatively, the hospital and doctors argued that those damages were part of damages for loss of society and companionship, making them subject to Michigan’s statutory cap on noneconomic damages. The trial court granted the motion to strike the claim for economic damages for loss of services but found the jury could consider those damages as part of noneconomic damages for loss of society and companionship. Thorn appealed.

Rule of Law

Issue

Holding and Reasoning (Talbot, J.)

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