Brandon and Kathleen Flynn Peterson settled a medical negligence case involving a Midwest hospital, wherein the released parties’ alleged care and treatment of a mother during labor and delivery resulted in developmental delays and cerebral palsy for their child. The case settled for $4.25 million.
Brandon and Colin Peterson represented a 51-year-old Minnesota man who was paralyzed from the waist down following surgery for a perforated bowel. The man suffered a prolonged drop in blood pressure after receiving anesthesia, causing a critical lack of blood flow to his spinal cord that resulted in permanent damage and paralysis. After a nine-day trial, the jury found that the anesthesiologist’s negligence had contributed to the man’s injuries. The jury awarded $9.1 million, an amount that will allow him to live more independently and to receive rehabilitation that may eventually allow him to walk again.
Brandon and Kathleen Flynn Peterson represented a 51-year old woman who suffered a catastrophic brain injury following a failed tracheostomy procedure. The woman had undergone surgery at a Minnesota hospital to repair a brain hemorrhage, which was by all accounts successful though she still required ventilatory support for breathing. About a week after the surgery, doctors in the hospital performed a procedure called a bedside percutaneous tracheostomy to allow for longer-term ventilator support while the woman recovered. During the procedure a large artery in the woman’s neck was severely damaged, leading to massive loss of blood and a global brain injury. She is left catastrophically impaired, blind and totally dependent on others for round-the-clock care. The case settled for $9.5 million.
Brandon and Kathleen Flynn Peterson represented a 43-year-old woman who suffered a catastrophic injury after what should have been a relatively simple surgical procedure. The woman lost all use of her dominant arm, developed an unrelentingly painful nerve disorder, and was forced to withdraw from her Ph.D. program at the University of Minnesota. Due to the nerve disorder and pain, the woman will require millions of dollars in care for the rest of her life.
Brandon represented a fifty-five year old woman who was paralyzed from the waist down as a result of a bleeding complication that took place during back surgery. The case against the hospital nursing staff was settled, and the case against the woman’s anesthesia providers proceeded to trial in Hennepin County. Brandon took over as lead counsel just a month before the trial began. The jury returned a verdict of $6.85 million; the recovery will allow the woman to enjoy high-quality care and be relatively independent for the rest of her life.
Client v. Gene Kirkpatrick: The District Court, East Central Judicial District in North Dakota, issued an opinion on July 8 in a civil action for damages for wrongful death, ordering judgments of $4,406,139.50 as compensation for economic damages, $5 million as compensation for non-economic damages and the maximum $250,000 for exemplary damages. The family of Dr. Philip Gattuso of Fargo, N.D., who was killed in October 2009, had sought damages in the civil action following the July 2011 conviction of conspiracy to murder and life sentencing of the defendant, Gene Kirkpatrick, of Jones, Okla. Kirkpatrick had arranged for his son-in-law, Dr. Gattuso, to be killed following the death of his daughter Valerie, Dr. Gattuso’s wife, to attempt custody of their young daughter. Valerie Gattuso had passed away in March 2009 following complications from surgery. We also represented the Gattuso family in that medical malpractice lawsuit, which had settled confidentially.
Brandon and Kathleen Flynn Peterson represented a three-year old boy from North Dakota who suffered a severe neurological injury when his skull was fractured during delivery. The child’s mother was in labor for several days, and the hospital’s nursing staff failed to keep the obstetrician and nurse midwife informed of dangerous changes in the baby’s heart rate during the final hours of labor. This delay led to a crisis and emergency cesarean section, during which the fracture occurred. The case involved complex claims against the obstetrician, the nurse midwife, and the nursing staff of the hospital. Kathleen and Brandon successfully settled the claims against the obstetrician and nurse midwife for the limits of their insurance, $3 million. The claims against the hospital staff settled shortly before trial for an additional $1 million, providing life-long resources for the little boy and his family.
Brandon represented a twenty-five year old woman who suffered a stroke after having a chiropractic neck manipulation. With hard work and lots of support from her family the woman made a fairly good recovery, but was left with permanent limitations in her physical abilities. The case settled before trial for $950,000.
Brandon represented the family of a young toddler who died under suspicious circumstances at the home of his day care provider in Fargo. After the county declined to prosecute the day care provider, the family looked for justice through a civil lawsuit. The case settled shortly after the lawsuit was filed for a confidential sum.
Brandon and Kathleen Flynn Peterson are currently handling a number of operating room fire cases, including one involving a man who suffered burns to his face and chest after his health care providers failed to follow appropriate procedures to minimize oxygen flow and the presence of flammable prep solution. An explosion occurred while the man’s surgeon was performing a routine procedure with an electrocautery tool. Kathleen and Brandon have negotiated settlements with a number of the health care providers; the amount recovered for the man to date is $1 million, and the case against the nurse anesthetist who managed the oxygen is continuing.
Brandon and Kathleen Flynn Peterson represented a thirty-nine year old woman who became pregnant following a failed tubal ligation. Her child was born with severe disabilities, ultimately dying shortly after her third birthday. During discovery it became evident that the woman’s doctor knew of test results that indicated the tubal ligation may have failed, but chose not to inform the patient of the risk of pregnancy. Kathleen and Brandon successfully argued that the doctor’s disregard of the woman’s right to make informed decisions about her own health care warranted punitive damages. The case settled shortly before trial for $3 million.
Brandon and Kathleen Flynn Peterson represented the family of a six-day old infant who died during a medical procedure. They ultimately negotiated a $1 million settlement for the little girl’s mother, father, and older sister.
Brandon and Kathleen Flynn Peterson represented the family of a thirty-six year old woman who bled to death following a caesarean section at the Monticello-Big Lake Community Hospital, now known as New River Medical Center. After a two-week trial in Wright County, Brandon and Kathleen obtained a $4.6 million verdict for the woman’s husband and young son. The case was appealed all the way to the Minnesota Supreme Court; by the time the case was over, Brandon and Kathleen had recovered over $5 million for the family.
Brandon and Kathleen Flynn Peterson negotiated a $2.5 million settlement in a medical negligence case involving the death of a young woman.
Brandon and Terry Wade handled Wesely v. Flor, an appeal to the Minnesota Supreme Court involving the interpretation of the "safe harbor" provision in Minnesota's medical malpractice expert witness disclosure statute. A unanimous Supreme Court ruled in favor of Brandon's client and preserved an important protection for injured individuals across the state.