The Michigan Court of Appeals, in a ruling dated October 23, 2026, affirmed a jury verdict that awarded $9.7 million to the estate of Cathleen Allen, a 41‑year‑old mother of two who died on June 6, 2017.
Allen underwent an abdominoplasty on May 26, 2017, and was admitted to Henry Ford Macomb Hospital’s emergency department on June 2 with chills, pain, and signs of septic shock. ICU attending Dr. Ghada Mesleh suspected an abdominal wound infection, consulted plastic surgeon Dr. Vijay K. Dixit, who initially advised against surgery, delaying intervention until the day of Allen’s death.
The court found the hospital administratively negligent for failing to enforce its chain‑of‑command policy, which is designed to resolve clinical disagreements. Former chief of surgery Harold Gallick admitted he was unaware of the policy’s scope, and witnesses testified that the procedure was not widely understood, allowing the dispute over Allen’s treatment to persist.
A jury in 2023 held both Dr. Dixit professionally negligent and the hospital administratively negligent, citing expert testimony that earlier surgical treatment of the infection could have saved Allen. Internal medicine specialist James Attarian testified that prompt intervention within the first few days would have altered the outcome.
With the appellate decision rejecting all hospital arguments, the judgment remains in force. Henry Ford Macomb Hospital must now pay the judgment, and any further appeal will need to be filed within 30 days or risk forfeiture of the verdict.