Bruce has been practicing for more than 35 years, joining Foster Swift in 2002. He serves on the firm’s Executive Committee and is the Vice President of the firm’s southeast Michigan office in Farmington Hills. He is a litigator who has tried approximately 100 cases to verdict.
Much of his litigation experience has been in the defense of health care providers, including hospitals, their affiliates, physicians, nurses and other providers. He has handled and tried cases involving birth trauma, neurologic injury, wrongful death and nursing practice matters. In addition to defending professional liability matters, he consults on health care matters including staff privileges, medical records issues, peer review, licensing investigations, EMTALA and managed care participation and termination.
Bruce also litigates general and commercial cases in both state and federal courts and in arbitration and alternate dispute forums. He has handled such diverse matters as breach of commercial contracts, sales commission disputes, LLC formation and member disputes, music industry royalty claims, Elliott-Larsen Civil Rights Act actions, Lanham Act false origin claims, unfair competition and MUTSA claims, and FLSA wage & hour class action litigation.
Bruce has lectured for ICLE and clients and has written about legal developments in litigation in Michigan Lawyers Weekly and health care publications. He has been named a top lawyer by Best Lawyers annually since 2007, by dBusiness Magazine since 2009 and has been rated AV Preeminent by Martindale-Hubbell for more than 25 years.
He was a Trustee of the Children’s Home of Detroit from 2000-2009, the last two years serving as President of the Board of Trustees. He has been a Trustee of Starr Commonwealth since 2009, currently serving on the Executive Committee and Chairman of the Audit Committee.
Emro v St Elizabeth Medical Center (October,2006) — A 7 week long "birth trauma" trial in Kenton County, Kentucky alleging labor and delivery nursing negligence leading to profound neurologic injury to the newborn infant. The mother sustained a sudden, unpredictable and unexpected placental abruption. The hospital's defense was that the infant's neurologic injuries were due entirely to the mother's sudden Plaintiff attorney Geoffrey Fieger asked the jury to award over $120 million in closing arguments. The jury returned a no cause for action verdict.
Perea v MidMichigan Medical Center (May, 2005) — A 7 week trial arising from the alleged wrongful death of Spanish corporate executive due a hyper-eosinophil syndrome, perhaps triggered by an asthma medication. Plaintiff alleged that the hospital and various physicians both failed to make the diagnosis and delayed in treating it after diagnosis. The client hospital was sued on a vicarious liability theory for the alleged delay in treatment by the emergency department physician. The jury found no cause for action against the hospital and all 5 physicians.
Kirkaldy v Rim, 478 Mich 581, 734 NW2d 201 (2007) — In a case arising from a claim of delay in diagnosis of a brain tumor by a neurologist, a lengthy appellate trail produced 2 Michigan Court of Appeals and 2 Michigan Supreme Court opinions. Two significant rulings came out of this case: (1) Filing a defective Affidavit of Merit with a Michigan medical malpractice Complaint tolls the period of limitations until the validity of the Affidavit is successfully challenged in subsequent judicial proceedings, and (2) a dismissal of a medical malpractice case due to filing a Complaint with a defective Affidavit of Merit is without prejudice.
Szpak v Inyang, 290 Mich App 711, 803 NW2d 94 (2010) — In a case arising from claimed delay in diagnosis of meningitis in a 9 month old infant, a pretrial ruling that allowed defense attorney ex parte meetings with Plaintiff's treating healthcare providers, but only subject to certain conditions allowing Plaintiff's attorney to attend the meetings, was overturned. The court held that it is an abuse of a trial court's discretion to order, as a condition for granting a Qualified Protective Order for defense counsel to hold ex parte meetings with a Plaintiff's treating healthcare providers, that Plaintiff's attorney be given notice of and an opportunity to attend such meetings absent a showing of reasonable concern for intimidation and harassment of the healthcare provider.
Hoffman v Garden City Hospital, 115 Mich App 773, 321 NW2d 810 (1982) — This case arose out of a private hospital's denial of staff privilege to a well-credentialed subspecialist physician. In a case of first impression at the time, the court held that Michigan courts will not review the decisions regarding the granting of, limitation of or termination of physician staff privileges at private hospitals since those decisions are "not justiciable". The case was overturned 24 years later by the Michigan Supreme Court in Feyz v. Mercy Memorial Hospital, 475 Mich 663, 719 NW2d 1 (2006).