Medical Malpractice Case Results

  • Shierts v. U of M Physicians and Dr. Ty Dunn

    A Hennepin County jury recently found the University of Minnesota Physicians and Dr. Ty Dunn negligent in accepting a pancreas for transplantation where the cause of the donor’s death was unclear. The case was tried by Kathleen Loucks of Lommen Abdo and Edward Milstein of Dankner, Milstein & Ruffo for the plaintiff. The jury awarded the plaintiff heirs and next of kin over a million dollars in compensation. Jodie Shierts, the woman who died as a result of the organ transplant in 2007, was a 36 year-old single mother of a young autistic boy. After eight long years in litigation, the jury award provided the family with some justice for their loss.

    Read the decision in the previous appellate ruling.

  • Shierts v. U of M Physicians

    Appellant-trustee challenges the district court’s dismissal of this wrongful-death medical-malpractice action arising out of her sister’s death from cancer contracted from a donated organ. Appellant asserts that the district court erred by determining as a matter of law that it was not foreseeable that the decedent would contract cancer from a transplanted organ and thus that respondent-doctor did not breach the standard of care, and that the alleged breach was not the proximate cause of the decedent’s death.

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  • Pfeiffer v. Allina

    On appeal from dismissal of her medical-malpractice action, appellant argues that the district court erred in determining that Minnesota Statute § 145.682, subd. 6(c) (2012), governing the filing of affidavits of expert disclosure, is subject to the filing deadlines set forth in rule of general practice 115.03.

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  • Jocelyn Dickhoff by her parents and natural guardians Joseph Dickhoff and Kayla Dickhoff, Appellants, vs. Rachel Green, M. D., et al., Respondents

    Case Description:
    A medical–malpractice claim based on a physician’s failure to diagnose cancer is not barred as a mere “loss of chance” (or reduced–chance) claim when the misdiagnosis resulted in a delay in treatment that makes it more likely than not that the patient will not survive the cancer.

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  • Elaine M. Wesely, Appellant, vs. A. David Florr, DDS, et al., Respondents

    Case Description:
    Appellant Elaine Wesely alleges that she received negligent care from respondent dentist A. David Flor. In her dental malpractice action, Wesely submitted an affidavit disclosing the opinions of a doctor of internal medicine, not a dentist, in an attempt to satisfy the statutory requirement of expert disclosure.

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  • Margaret MacRae, trustee for the next of kin of Roderick MacRae, Appellant, vs. Group Health Plan, Inc., et al., Respondents

    Case Description:
    Margaret MacRae brought this malpractice action after her husband, Roderick MacRae, died from cancer. The district court dismissed the complaint, finding that Margaret’s claim was barred by the statute of limitations, and the court of appeals affirmed. Because respondents did not meet their burden to show that Margaret incurred compensable damage more than 4 years before she filed this action, we reverse.

    Read the decision