Opinion
Docket No. 147024. COA No. 300026.
2013-09-25
Leo TONDREAU, as Personal Representative of the Estate of Sandra Peetz, Plaintiff–Appellee, v. SACHINDER S. HANS, M.D., P.C., and Sachinder S. Hans, M.D., Defendants–Appellants, and Henry Ford Macomb Hospital, a/k/a Henry Ford Macomb Hospital–Clinton Township Campus, Li Zhang, M.D., and Macomb Anesthesia, P.C., Defendants.
Prior report: Mich.App., 2013 WL 1008694.
Order
On order of the Court, the application for leave to appeal the March 14, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. The plaintiff's experts Wayne Flye, M.D., and Donald C. Austin, M.D., are of the opinion that the chronic subdural hematoma suffered by Sandra Peetz was caused by the carotid endarterectomy performed by the defendants. While peer-reviewed, published literature is not always necessary to meet the requirements of MRE 702, in this case the lack of supporting literature, combined with the lack of any other form of support for these opinions render the opinions unreliable and inadmissible under MRE 702. Edry v. Adelman, 486 Mich. 634, 641, 786 N.W.2d 567 (2010). We REMAND this case to the Macomb Circuit Court for further proceedings not inconsistent with this order.
We do not retain jurisdiction.