Minnesota News
Jury Verdict for Automobile Settlement
Minnesota Lawyer, a legal publication, featured a jury verdict won by Pritzker | Ruohonen attorney Elliot Olsen in the paper’s “Verdicts & Settlements” section:
Injuries Alleged: Soft-tissue neck and low-back injuries
Jury Award: $87,441.44
Demand: $25,000
Highest Offer: $10,000
Plaintiff’s Attorney: Elliot Olsen, Pritzker Ruohonen & Associates, Minneapolis, MN
Insurance Company: Progressive Ins. Co.
Case Number: 02-CV-07-3289
Court: Anoka County District Court
Judge: Hon. Kristen C. Larson
Date of Disposition: July 10, 2008
Plainfiff’s Expert: Dewayne Truhlsen, D.C.
Plaintiff’s Summary of the Case: This case involved a rear-end collision on Highway 8 in Chisago County. The plaintiff, who suffered soft tissue and low-back injuries, was transported from the scene by ambulance. Following the accident, the plaintiff did some physical therapy and then treated with multiple chiropractors over the next three years. He also had a 14-month lapse in treatment.The jury determined that the plaintiff suffered a permanent injury and a 60-day disability. It awarded $12,755.44 in past medical expenses ($7,532.95 was paid by no-fault); $15,000 for past pain and suffering; $20,000 for future pain and suffering; $34,000 for future medical for chiropractic care; and $5,686 for past and future loss of consortium.
Salmonella Saintpaul Strikes the Good Earth in Roseville
Between June 13 and June 22nd, 27 cases of Salmonella Saintpaul were reported to the Minnesota Department of Health. Those sickened had all consumed jalapeño peppers at the Good Earth restaurant in Roseville, Minnesota.
Seven of those sickened were Good Earth employees while the other 20 were customers of the restaurant.
These cases are part of a multi-state Salmonella Saintpaul outbreak that has over 1300 confirmed cases. People have been sickened in 43 states, the District of Columbia and Canada.
The FDA initially reported that tomatoes were the likely source of the outbreak. After two months, however, people were still getting sick and the FDA had not found clear evidence that tomatoes were the source of the outbreak.
People in Minnesota were not sickened until several weeks into the outbreak. It took the Minnesota Department of Health only 2 weeks to find the source of the outbreak, jalapeño peppers.
Because the Minnesota Salmonella Saintpaul cases are associated with a restaurant, those sickened may have a claim against Good Earth for medical expenses and compensation for injuries, including pain and suffering. Our Minnesota law firm is one of the leading foodborne illness litigation law firms in the United States, and we have successfully handled numerous Salmonella cases. Contact one of our Minnesota attorneys for a free Salmonella consultation about a lawsuit for money damages.
Our foodborne illness practice has recently been featured in an article in Minnesota Lawyer, a legal publication. Read “A Full Plate: Growth in foodborne illness cases gives lawyers handling them a lot to chew on.”
Medical Errors Source of Additional Costs
Medical errors are significantly increasing the cost of medical expenses to employers according to a recent study performed by the Agency for Healthcare Research and Quality (AHRQ). The study found that potentially preventable medical errors could attribute to nearly $1.5 billion dollars in unnecessary medical expenses each year.
According to an AHRQ press release:
In a study published in the July 28 issue of the journal Health Services Research, AHRQ’s William E. Encinosa, Ph.D., and Fred J. Hellinger, Ph.D., found that insurers paid an additional $28,218 (52 percent more) and an additional $19,480 (48 percent more) for surgery patients who experienced acute respiratory failure or post-operative infections, respectively, compared with patients who did not experience either error.
AHRQ stressed the importance of making the prevention of these mistakes a top concern in the healthcare system:
Like the physical and emotional harm caused by medical errors, the financial consequences don’t stop at the hospital door,” said AHRQ Director Carolyn M. Clancy, M.D. “Eliminating medical errors and their after effects must continue to be top priority for our health care system.
The study also found a disturbingly high number of preventable deaths as a result of medical errors. According to the AHRQ press release:
The study also found that 1 of every 10 patients who died within 90 days of surgery did so because of a preventable error and that one-third of the deaths occurred after the initial hospital discharge. The study was based on a nationwide sample of more than 161,000 patients age 18 to 64 in employer-based health plans who underwent surgery between 2001 and 2002 The authors used AHRQ’s Patient Safety Indicators to identify medical errors.
Minnesota Doctor Has Sex with Patients
Note: Minnesota Attorney Elliot Olsen has recently settled a case against a therapist who had a sexual relationship with a former patient. Read about the settlement for a patient who had an affair with her therapist. Contact Elliot at 1-888-377-8900 (toll-free) or elliot@pritzkerlaw.com.
According to a story in the StarTribune, “Dr. John A. Beall, who formerly practiced at the Allina Medical Clinic in Eagan, was cited for ‘unprofessional and unethical conduct’ following an investigation by the Minnesota Board of Medical Practice.”
Under Minnesota Statutes, Section 147.091(t), doctors are prohibited from sexual contact with patients:
The following conduct is prohibited and is grounds for disciplinary action: . . . (t) Engaging in conduct with a patient which is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior which is seductive or sexually demeaning to a patient.
According to the Star Tribune, Dr. Beall admitted to violating this statute and others:
· “Beall admitted that he began a 20-year sexual relationship with one patient in 1984, when she sought treatment for a back injury, and that he continued to treat her with escalating amounts of narcotics through 2007, often with no documented reason.”
· “In November 2004, he began treating another woman he had met a few months earlier on a ‘social networking’ website, according to the board document. Over the next two and a half years, they had sexual relations during at least eight clinic visits, the document says, although he ‘denied that he pressured her to perform the acts.’”
· “Beall also prescribed several drugs to the woman without recording them in her medical record. One treatment was for a sexually transmitted disease that she got from him, he acknowledged.”
There are so many legal issues involved that the facts of these patients’ cases could be used for a law school exam. Although the Minnesota Medical Board of Practice did little more than apply a sharp slap on Dr. Beall’s wrist (only a suspension of his license, not a revocation), these patients can contact our Minnesota law firm regarding a lawsuit seeking money damages.
Saint Louis Park Man Killed on Motorized Scooter
A Saint Louis Park man was killed Tuesday afternoon when his motorized scooter collided with a semi-trailer truck near the University of Minnesota.
According to the Star Tribune,“The man, age 21, died of multiple blunt-force injuries, the medical examiner said.”
Information about Accidents Involving Trucks
Accidents involving trucks usually result in much more serious injuries than car accidents. Trucking accidents also differ from car accidents in that the rules and regulations that govern trucking are very different from those that govern automobiles and automobile accidents. Trucks are under strict state and federal regulations, forcing them to obey a higher standard of safety.
With trucking accidents, several parties may be liable for a wrongful death:
- Truck drivers themselves are jointly liable with the owner of the truck
- Owner of the truck is jointly liable with the driver of the truck
- Employer of the driver, as employers are liable for accidents caused by employees
- Employer of the owner
- Employer of the employer of the driver
- Dram shop (bar or other drinking establishment), if the driver was drunk
Because many truck drivers are professional drivers, they are expected to keep detailed log books that show the number of hours driven and the breaks taken. These log books must be properly maintained and can provide valuable information for someone injured in a truck accident.
Wrongful Death in Trucking Accidents
In a Minnesota wrongful death case, the spouse and next of kin of the deceased can bring a claim against the parties responsible for the death. Under Minnesota wrongful death law, the family can seek compensation for their losses, including but not limited to the following:
- Loss of advice
- Loss of care
- Loss of comfort
- Loss of companionship
- Funeral expenses
- Medical expenses
- Lost potential earnings
Punitive damages can be recovered if it is clear that the defendant showed a clear disregard for the safety and rights of the deceased.