Brian McKeen
McKeen & Associates
McKeen & Associates
Michigan victims of medical malpractice have long been stymied in their pursuit of compensation for their losses due to blatantly unfair, and we believe, unconstitutional laws. A recent decision from the Michigan Court of Appeals, has taken an important step toward restoring justice, particularly for families grieving the loss of a child.
In the Estate of Kenneth Pionk III v. VHS Harper-Hutzel Hospital Inc., the Michigan Court of Appeals ruled that families may seek damages for the loss of household services following the wrongful death of an infant. While small, this is a meaningful victory. It sets a precedent that will impact future cases across Michigan.
The facts of this case are heartbreaking. Kenneth Pionk III was just a few days old when he died of neonatal sepsis, a treatable condition that went undiagnosed and untreated. Under current law, the family could not pursue damages for the loss of his future earnings. But the court rightly held they could seek damages for the value of household services their son might have contributed over a lifetime.
Why is this so important? Because it recognizes that even the briefest life has value.
When someone is hurt or dies due to medical negligence, Michigan’s current laws place arbitrary and deeply unjust limits on what families can recover for their loss. The premise that a child who dies due to a doctor’s negligence is worth less legally than an adult with a job and a salary is flawed and morally indefensible.
When the court ruled that Kenneth’s parents may seek compensation for the loss of services their son might have provided, it was an important step toward correcting that imbalance. The decision reaffirms that justice does not depend solely on one’s age, paycheck, or economic potential. It depends on our ability to recognize the profound loss a family suffers when a child is taken from them.
Make no mistake: this ruling doesn’t fix the damage done by Michigan’s caps on noneconomic damages in malpractice cases. Those caps remain one of the biggest barriers to full and fair justice for all victims in our state. But it chips away at the rigid legal structures that devalue the lives of the young and vulnerable.
For decades, my firm has fought on behalf of malpractice victims of all ages and from every walk of life, whose lives were devastated by preventable medical errors. Too often we’ve seen their pain dismissed, their losses minimized, and their legal options restricted by statutes that favor powerful institutions over grieving families.
This case reminds us that change is possible.
We will continue to challenge the medical malpractice laws that silence victims and protect negligent providers. And we must continue to affirm that every life, no matter how brief, is worthy of acknowledgment, dignity, and justice.
We owe that much to Kenneth Pionk III.
Brian McKeen is the founder and managing partner of McKeen & Associates, a medical malpractice and personal injury firm based in Detroit.
In the Estate of Kenneth Pionk III v. VHS Harper-Hutzel Hospital Inc., the Michigan Court of Appeals ruled that families may seek damages for the loss of household services following the wrongful death of an infant. While small, this is a meaningful victory. It sets a precedent that will impact future cases across Michigan.
The facts of this case are heartbreaking. Kenneth Pionk III was just a few days old when he died of neonatal sepsis, a treatable condition that went undiagnosed and untreated. Under current law, the family could not pursue damages for the loss of his future earnings. But the court rightly held they could seek damages for the value of household services their son might have contributed over a lifetime.
Why is this so important? Because it recognizes that even the briefest life has value.
When someone is hurt or dies due to medical negligence, Michigan’s current laws place arbitrary and deeply unjust limits on what families can recover for their loss. The premise that a child who dies due to a doctor’s negligence is worth less legally than an adult with a job and a salary is flawed and morally indefensible.
When the court ruled that Kenneth’s parents may seek compensation for the loss of services their son might have provided, it was an important step toward correcting that imbalance. The decision reaffirms that justice does not depend solely on one’s age, paycheck, or economic potential. It depends on our ability to recognize the profound loss a family suffers when a child is taken from them.
Make no mistake: this ruling doesn’t fix the damage done by Michigan’s caps on noneconomic damages in malpractice cases. Those caps remain one of the biggest barriers to full and fair justice for all victims in our state. But it chips away at the rigid legal structures that devalue the lives of the young and vulnerable.
For decades, my firm has fought on behalf of malpractice victims of all ages and from every walk of life, whose lives were devastated by preventable medical errors. Too often we’ve seen their pain dismissed, their losses minimized, and their legal options restricted by statutes that favor powerful institutions over grieving families.
This case reminds us that change is possible.
We will continue to challenge the medical malpractice laws that silence victims and protect negligent providers. And we must continue to affirm that every life, no matter how brief, is worthy of acknowledgment, dignity, and justice.
We owe that much to Kenneth Pionk III.
Brian McKeen is the founder and managing partner of McKeen & Associates, a medical malpractice and personal injury firm based in Detroit.
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