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since been administered by the Wayne County Probate Court in
Detroit, Michigan. The executor of decedent’s estate, Richard
Davenport (Mr. Davenport) resided in Michigan at the time the
petition in this case was filed.
Decedent was born on August 16, 1988, to Mr. Davenport and
Donna Weiss-Davenport (Ms. Weiss-Davenport). Thereafter, in
August of 1989, a complaint was brought in the Circuit Court for
the County of Wayne, State of Michigan, stemming from alleged
actions and omissions in relation to the birth of decedent. The
complaint named as plaintiffs “Sarah Maria Davenport, a Minor, by
her Next Friend, Donna Weiss-Davenport, and Donna Weiss-Davenport
and Richard Davenport, Individually”. Named defendants included
Michelle Shultz, M.D., East Side Gynecology-Obstetrics, P.C., and
Bon Secours Hospital (also referred to as the Sisters of Bon
Secours Hospital). Marietta S. Robinson served as attorney for
the plaintiffs in the lawsuit.
The complaint was premised on allegations that decedent
sustained physical injuries and decedent’s parents sustained
personal injuries as a result of negligence and/or malpractice by
the defendants at the time of her birth. Specifically, the
complaint recited that decedent:
suffered a massive hypoxic insult and, as a
consequence, has failed to develop normally, has
suffered central nervous system damage including, but
not limited to, cerebral palsy, motor damage and mental
retardation and requires special care and treatment and
will, for the remainder of her natural life, be
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