Order Michigan Supreme Court
Lansing, Michigan
June 25, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
135893 Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
MARKELL VANSLEMBROUCK, a Minor,
Justices
by his Next Friend KIMBERLY A.
VANSLEMBROUCK, and KIMBERLY
A. VANSLEMBROUCK, Individually,
Plaintiffs-Appellees,
v SC: 135893
COA: 273551
Oakland CC: 2006-074585-NH
ANDREW JAY HALPERIN, M.D.,
MICHIGAN INSTITUTE OF GYNECOLOGY
& OBSTETRICS, P.C., and WILLIAM
BEAUMONT HOSPITAL,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the January 15, 2008
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether, in this medical malpractice case involving a minor who was allegedly
injured at birth, the plaintiffs are entitled to the benefit of the tolling provision in MCL
600.5856(c) where the plaintiffs provided a notice of intent prior to the minor reaching 10
years of age but filed their complaint after the minor had reached 10 years of age. The
parties shall address in their arguments whether MCL 600.5851(7) provides a period of
limitation.
Persons or groups interested in the determination of the issue presented in this case
may move the Court for permission to file briefs amicus curiae.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 25, 2008 _________________________________________
d0618 Clerk
VANSLEMBROUCK v. Halperin
Combined Opinion