Legal Opinion
Andrea Smith, Personal Representative of the Estate of Kelly Snider Smith, Deceased v. Botsford General Hospital
Court of Appeals for the Sixth Circuit
Decided August 18, 2005No. 04-1436PublishedCited by 35 opinions
1Opinion of the Court
OPINION
COOK, Circuit Judge.
Plaintiff Andrea Smith, personal representative of the estate of Kelly Smith, deceased, brought an action against Defendant Botsford General Hospital, alleging that it violated the Emergency Medical Treatment and Active Labor Act (“EMTA-LA”) when it failed to stabilize Kelly Smith’s condition — caused by an open femur fracture — before transporting him. Following a trial, the jury found in favor of Plaintiff and awarded $35,000.00 for economic damages and $5,000,000.00 for non-economic damages. Botsford filed several post-trial motions seeking a new trial or a…
2Cases cited14 opinions
- Bryant v. Oakpointe Villa Nursing Centre, IncMichigan Supreme Court · 2004
- Roberts v. Galen of Virginia, Inc.Supreme Court of the United States · 1999
- Phillips v. Mirac, IncMichigan Supreme Court · 2004
- Roberts v. Galen of Virginia, Inc.Court of Appeals for the Sixth Circuit · 2003
- Boyd v. BulalaCourt of Appeals for the Fourth Circuit · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Cedillo v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
- Christopher v. Depuy Orthopaedics, Inc. (In Re Depuy Orthopaedics, Inc., Pinnacle Hip Implant Prod. Liab. Litig.)Court of Appeals for the Fifth Circuit · 2018
- In re W.R. Grace & Co.District Court, D. Delaware · 2012
- Sandoval v. Baker Hughes Oilfield Operations, Inc.New Mexico Court of Appeals · 2009
- Cohen v. United StatesUnited States Court of Federal Claims · 2011
30 more not listed; retrieve them via the Exa API.