The American Association for Justice argues that Michigan’s damages cap unjustly deprives the most seriously harmed victims of medical malpractice of their full compensatory damages.
Detroit, MI – McKeen & Associates is proud to stand alongside the American Association for Justice (AAJ) and other leading law firms in advocating for justice in the Michigan Supreme Court. The firm recently filed an amicus brief supporting the plaintiff in Beaubien v. Michigan, a case that challenges the constitutionality of Michigan’s statutory cap on non-economic damages in medical malpractice cases.
The case originally filed in U.S. District Court, Eastern District of Michigan, Southern Division by another civil justice law firm raises a fundamental question about the constitutionality of Michigan Compiled Laws § 600.1483. The federal court certified the issue and the Michigan Supreme Court is now considering whether the statute violates the state constitution’s guarantees, including the right to a jury trial, separation of powers, and equal protection under the law.
McKeen & Associates, representing the interests of the American Association for Justice, filed an amicus brief urging the Court to declare the statute unconstitutional. McKeen & Associates also joined other law firms in filing a separate amicus brief reinforcing this position.
The American Association for Justice, a national voluntary bar association dedicated to preserving access to the courts for individuals who have been wrongfully injured, argues that Michigan’s damages cap unjustly deprives the most seriously harmed victims of medical malpractice of their full compensatory damages. AAJ contends that even under the most deferential constitutional standard the law cannot withstand scrutiny.
“This case presents a critical issue of justice for victims of medical malpractice,” said Brian McKeen, managing partner and founder, McKeen & Associates. “Caps on non-economic damages arbitrarily limit compensation for those who have suffered the most devastating injuries. This not only undermines the constitutional right to a trial by jury but also disproportionately impacts the most vulnerable individuals. We are honored to contribute to this effort to ensure fairness and accountability in Michigan’s legal system.”
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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