Opinion
Nos. 136617, 136653, and 136983.
December 15, 2008.
Reported below: 278 Mich App 703.
Leave to Appeal Granted December 15, 2008.
On November 19, 2008, the Court heard oral argument on the applications for leave to appeal the May 1, 2008, judgment of the Court of Appeals. On order of the Court, the applications are again considered, and they are granted, limited to the issues: (1) whether the plaintiffs defective notice of intent as to defendants West Michigan Cardiovascular Surgeons and Spectrum Health tolled the period of limitations pursuant to MCL 600.5856(c), as amended by 2004 PA 87, effective April 22, 2004; and (2) whether defendant Shabahang's defective response to the plaintiffs notice of intent, MCL 600.2912b(7), was presumed valid such that the plaintiff was required to wait the full 182-day period before filing his medical malpractice action.
I concur in the order granting leave to appeal. However, I would welcome briefing and argument on all issues raised in the three cases in which leave to appeal has been granted.