Court affirms right to seek “Loss of Services” damages in wrongful death of infant, setting important precedent.
DETROIT, Mich. – In a significant legal victory for victims of medical malpractice, the Michigan Court of Appeals has ruled in Estate of Kenneth Pionk III v. VHS Harper-Hutzel Hospital Inc. that families may seek damages for the loss of household services following the wrongful death of an infant, even though loss of future earnings are currently not permitted.
In this landmark case, McKeen & Associates attorneys Brian McKeen, managing partner and founder, and John LaParl represented the family of Kenneth Pionk III, a newborn who passed away from neonatal sepsis, a treatable infection that went undiagnosed and untreated.
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.
The published decision sets legal precedent governing future cases involving infant wrongful death claims in Michigan. The defendants had appealed to have both future loss of earnings and household services losses dismissed. McKeen & Associates appellate attorney Tali Wendrow assisted with briefing and arguments on behalf of Pionk’s family.
The defendants have until the end of August to seek review by the Michigan Supreme Court.
“This is a crucial step forward in the fight for justice on behalf of Michigan’s most vulnerable victims,” said McKeen, “The court rightly recognized that a baby’s life has value, even if that child didn’t live long enough to show what their future might have held. No family should be denied meaningful compensation simply because their child died young.”
McKeen continued: “While Michigan’s medical malpractice damage caps continue to impose unjust, and we believe unconstitutional, limits on the compensation victims can receive; this decision will allow larger damage awards in all cases involving the wrongful death of infants, children and adults.
“This ruling doesn’t fix the blatantly unfair Michigan malpractice caps, but at least parents who lost a child or infant due to negligence will be able to pursue the economic value of the services they would have performed for the family,” McKeen said. “We will continue to fight for the rights of individuals and families who have been victimized by all acts of negligence including medical malpractice to receive full and fair compensation”. McKeen is also appealing the constitutionality of those caps.
McKeen & Associates, P.C. is a leader in representing individuals injured by the negligence of others particularly in or by hospitals and physicians. In addition, McKeen & Associates, P.C. has successfully represented clients injured in a variety of other circumstances. Based in Detroit, McKeen & Associates represents clients in both federal and state courts brought throughout Michigan and the United States. For more information, visit www.mckeenassociates.com.
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