The trial court wrongly dismissed the plaintiff’s medical malpractice and negligence claims that arose during the early days of the COVID-19 pandemic because the decedent’s injuries were not sustained “by reason of” healthcare services provided “in support of [the] state’s response to the COVID-19 pandemic,” the Michigan Court of Appeals has ruled.

The wrongful death savings provisions under MCL 600.5852 extends the filing timeframe and tolls the statutory notice period and therefore the Court of Claims grant of summary disposition was reversed and remanded.