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SMITH v. BOTSFORD GENERAL HOSP.

No. 04-1436.

419 F.3d 513 (2005)

Andrea SMITH, Personal Representative of the Estate of Kelly Snider Smith, deceased, Plaintiff-Appellee, v. BOTSFORD GENERAL HOSPITAL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert G. Kamenec, Plunkett & Cooney, Bloomfield Hills, Michigan, for Appellant. Donald M. Fulkerson, Westland, Michigan, for Appellee. ON BRIEF: Robert G. Kamenec, Plunkett & Cooney, Bloomfield Hills, Michigan, Ernest R. Bazzana, Plunkett & Cooney, Detroit, Michigan, for Appellant. Donald M. Fulkerson, Westland, Michigan, Geoffrey N. Fieger, Fieger, Fieger, Kenney & Johnson, Southfield, Michigan, Marc E. Lipton, Lipton Law Center, Southfield, Michigan, for Appellee. Gregory W. Moore, Hall, Render, Killian, Heath & Lyman, Troy, Michigan, David Arkush, Allison M. Zieve, Public Citizen Litigation Group, Washington, D.C., Jeffrey Robert White, Center for Constitutional Litigation, Washington, D.C., for Amici Curiae.

Before: GIBBONS and COOK, Circuit Judges; PHILLIPS, District Judge.

OPINION

COOK, Circuit Judge.

Plaintiff Andrea Smith, personal representative of the estate of Kelly Smith, deceased, brought an action against Defendant Botsford General Hospital, alleging that it violated the Emergency Medical Treatment and Active Labor Act ("EMTALA") when it failed to stabilize Kelly Smith's condition — caused by an open femur fracture — before transporting him. Following a trial, the jury found in favor of Plaintiff and...

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