Opinion
SC: 163120 COA: 352648
02-04-2022
Lynda DANHOFF and Daniel Danhoff, Plaintiffs-Appellants, v. Daniel K. FAHIM, M.D. and Michigan Head & Spine Institute, Defendants-Appellees, and Daniel K. Fahim, M.D., PC, Kenneth P. D'Andrea, D.O., and William Beaumont Hospital, d/b/a Beaumont Hospital-Royal Oak, Defendants.
Order
On order of the Court, the application for leave to appeal the May 6, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellants shall file a supplemental brief addressing: (1) whether this Court's decisions in Edry v. Adelman , 486 Mich. 634, 786 N.W.2d 567 (2010), and Elher v. Misra , 499 Mich. 11, 878 N.W.2d 790 (2016), correctly describe the role of supporting literature in determining the admissibility of expert witness testimony on the standard of care in a medical malpractice case; (2) if not, what a plaintiff must demonstrate to support an expert's standard-of-care opinion; and (3) whether the appellants’ standard-of-care expert met the standards for determining the reliability of expert testimony and was thus qualified to testify as an expert witness under MRE 702 and MCL 600.2955 or whether a Daubert hearing was necessary before making that decision. See Daubert v. Merrell Dow Pharm., Inc. , 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). The appellants’ brief shall be filed by April 25, 2022, with no extensions except upon a showing of good cause. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being served with the appellants’ brief. A reply, if any, must be filed by the appellants within 14 days of being served with the appellees’ brief. The parties should not submit mere restatements of their application papers.