BYRNES v. MARTINEZ

No. 345061.

952 N.W.2d 607 (2019)

331 Mich.App. 342

Theresa BYRNES, a legally incapacitated individual, by her conservator and guardian, Paul Byrnes, M.D., Plaintiffs-Appellees/Cross-Appellants, and Paul Byrnes, M.D., Plaintiff, and Department of Health and Human Services, Intervening-Plaintiff-Appellant/Cross-Appellee, v. Jacob MARTINEZ, M.D., CRG Lynwood, LLC doing business as Lynwood Manor Healthcare Center, Victoria Vaccaro, FNP, and Promedica Central Corporation of Michigan, Defendants.

Court of Appeals of Michigan.

Decided December 19, 2019.

Approved for Publication February 4, 2020, 9:15 a.m.


Attorney(s) appearing for the Case

The Law Offices of Courtney Morgan, PLLC (by Courtney E. Morgan, Jr. , and Brian T. Keck , Dearborn) for Theresa A. Byrnes.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Kelley T. McLean , Assistant Attorney General, for the Department of Health and Human Services.

Before: Riordan, P.J., and Jansen and Stephens, JJ.


Intervening plaintiff, the Department of Health and Human Services (DHHS), appeals as of right the trial court's order approving final distribution of settlement proceeds. Plaintiff Theresa Byrnes cross-appeals that judgment.1 This Court is asked to decide whether...

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