Tyra v. Organ Procurement Agency

In this medical malpractice action, plaintiff appeals as of right the trial court’s grant of summary disposition in favor of defendants pursuant to MCR 2.116(C)(7). Plaintiffs action arose out of a kidney transplant; she suffered injury because the kidney was not properly checked for a “cross-match” prior to transplantation, and it was subsequently discovered that there was a positive match. Plaintiff sent notices of intent to defendants pursuant to MCL 600.2912b, but filed her complaint 112 days later instead of waiting 182 days or more as required by statute, MCL 600.2912b(l). Although the…