Our client was in a vulnerable position, strapped to a gurney and relying on EMS technicians for safe transport. That trust was shattered when the technicians dropped the gurney while loading her into the ambulance. The fall caused a catastrophic cervical disc herniation requiring spinal fusion surgery.
The EMS provider’s insurance company denied responsibility, hiding behind the Michigan Emergency Medical Services Act to claim legal immunity. We challenged this defense head-on, arguing in court that the immunity statute protects medical decision-making, not routine, non-medical tasks like safely loading a patient. The court agreed with us.
This victory was twofold. First, we secured a $375,000 settlement from the EMS provider for her pain and suffering from the fall. Second, because the injury occurred during the “loading” of a motor vehicle, we pursued a Michigan No-Fault insurance claim against the ambulance’s auto insurer. When they also denied the claim, we won a critical appeal that established coverage under the law. This second victory forced the auto insurer to pay for all of her denied medical bills, wage loss, household services, and attendant care, ensuring every aspect of her loss was covered.