Court summarily dismisses wrongful death claim against EMT who apparently inserted endotracheal tube into esophagus

The Estate of Tracy McLain sued Jeffrey Williams and the Lansing Fire Department after Tracy suffered a respiratory attack in February, 2009.  Williams responded and entubated her, however, on admission to the E.R. it was discovered that the endotracheal tube was in her esophagus rather than her airway.  Tracy was eventually taken off life support.

Williams denied that he had made a mistake. The Estate sued him and his employer, alleging malpractice and gross negligence.  The Court of Appeals panel, including insurer-friendly judges Henry Saad and Kirsten F. Kelly, ruled that the case was properly dismissed summarily.  They concluded that the medical records from the E.R. were insufficient to challenge Williams' credibility and that the family did not adequately support its claim of "gross negligence."