Leo Tondreau Personal Representative v. Henry Ford MacOmb Hospital ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
September 25, 2013 Robert P. Young, Jr.,
Chief Justice
147024 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
LEO TONDREAU, as Personal Representative David F. Viviano,
of the Estate of Sandra Peetz, Justices
Plaintiff-Appellee,
v SC: 147024
COA: 300026
Macomb CC: 2009-002913-NH
SACHINDER S. HANS, M.D., P.C., and
SACHINDER S. HANS, M.D.,
Defendants-Appellants,
and
HENRY FORD MACOMB HOSPITAL, a/k/a
HENRY FORD MACOMB HOSPITAL-
CLINTON TOWNSHIP CAMPUS, LI ZHANG,
M.D., and MACOMB ANESTHESIA, P.C.,
Defendants.
________________________________________/
On order of the Court, the application for leave to appeal the March 14, 2013
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals.
The plaintiff's experts Wayne Flye, M.D., and Donald C. Austin, M.D., are of the opinion
that the chronic subdural hematoma suffered by Sandra Peetz was caused by the carotid
endarterectomy performed by the defendants. While peer-reviewed, published literature
is not always necessary to meet the requirements of MRE 702, in this case the lack of
supporting literature, combined with the lack of any other form of support for these
opinions render the opinions unreliable and inadmissible under MRE 702. Edry v
Adelman, 486 Mich 634, 641 (2010). We REMAND this case to the Macomb Circuit
Court for further proceedings not inconsistent with this order.
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 25, 2013
h0918
Clerk