Melissa and Chris Messerly helped provide for the future of an adolescent boy who suffered a severe brain injury and movement disorder with a $4,475,273 settlement. The boy developed depression and other emotional issues, and health care providers were concerned he may attempt suicide. He was hospitalized for his safety, but his mother soon learned that the hospital was planning on discharging her son. She was alarmed and filed a complaint with the hospital, stating that he would not be safe if discharged. Shortly after the complaint, those at the hospital responsible for the boy’s safety did not look after him carefully and he went into his bathroom and attempted to hang himself with his bed sheet and the shower curtain. He was found, but not before he suffered a brain injury and severe movement disorder due to lack of oxygen to his brain. With the $4,475,273 million settlement, those who paid his significant medical expenses (Medical Assistance and private insurance) were paid back. Most importantly, a trust was set up to make sure the boy would receive the care he needs for the rest of his life.
Melissa was lead counsel in a medical malpractice case in Wisconsin involving a neurosurgeon who did not timely diagnose or treat cauda equina syndrome—a debilitating neurological condition. Melissa’s client suffered from permanent urinary incontinence and sexual dysfunction. Melissa briefed, argued and ultimately defeated a summary judgment motion that would have resulted in dismissal of the entire case. The case settled for a confidential amount days before trial.
Melissa was lead counsel in a case involving a then 16-year-old passenger who suffered two fractured wrists when her teenager friend rear-ended a van, leaving Melissa’s young client with limitations in her right wrist. Melissa negotiated a $315,000 settlement before filing a lawsuit. Her client plans to use the funds, in part, to graduate from college debt-free.
Melissa and Chris Messerly obtained a confidential settlement on behalf of a 20-year-old man in Minnesota. Their then-15-year-old client was sickened by Salmonella after eating the defendant’s frozen breaded chicken product. He developed septic arthritis, which damaged the articular surfaces in both knees. After a number of surgeries, the client suffered through his first knee replacement at only 19-years-old. The case settled in mediation before discovery for a confidential amount.
Melissa and Chris Messerly obtained a $475,000 settlement on behalf of the family of a man who died of an acute myocardial infarction (heart attack). The man had been to the emergency room with complaints of left arm and shoulder pain after shoveling heavy snow. Although he had cardiac risk factors listed in his medical records available to the negligent physician (e.g., history of high blood pressure and high cholesterol, smoker, family history of significant heart problems), the doctor did not consider cardiac causes for his symptoms. Instead, he was given Motrin and a sling and was told to go home and follow-up if he had other concerns. He died at home five days later.
Melissa considers it a privilege to represent her clients. The following are some examples of cases where Melissa helped individuals and families:
Melissa was lead trial counsel for a 21-year-old man with shoulder and knee injuries who was struck by a car while he aided a motorist-in-distress. The client lost his labor-intensive job because of his injuries and, in turn, lost his source of funds to pay for college. Melissa obtained a $239,233.17 verdict against the client’s insurance company after it refused to pay her client for the benefits he paid under his insurance policy. The client planned to use the money he received from trial to return to college and earn his degree.
A baby with an untimely treated airway obstruction suffered a brain injury in northern Minnesota. Melissa and Chris Messerly obtained a $1.3 million settlement on his behalf to provide for his future care needs while also paying back state agencies and private insurers for prior care contributions.
Melissa and Kathleen Flynn Peterson obtained a $575,000 settlement before filing a lawsuit on behalf of a 74-year-old woman. She was injured as a result of a medication prescription error. Melissa and Kathleen’s client planned to use settlement funds in part to pay for care she needs as a result of her injuries.
Melissa and Peter Schmit obtained a confidential settlement before filing a lawsuit on behalf of the family of a 69-year-old man who died as a result of an error by a hospital employee. Given his serious health issues, the decedent was unlikely to survive for more than a year. The surviving wife was able to use settlement funds to pay off medical bills of her late husband.
The following are some examples of cases where Melissa represented corporate and business clients:
WNS Holdings LLC et al. v. Northwest Airlines Inc.: Defended Northwest Airlines, Inc. in a patent infringement suit relating to GPS and avionics technology. Specifically, Plaintiffs accused Northwest of infringing the patents through the alleged use of Automatic Dependant Surveillance, including ADS-B. After extensive discovery, a dismissal of the action was obtained, and the client secured the right to potentially recover its fees and costs in the event of any future litigation.
Defended ev3, Inc. in an action brought by Boston Scientific Corporation and Boston Scientific Scimed, Inc. for misappropriation of trade secrets and infringement of patents related to medical devices known as embolic protection filters. Also represented ev3, Inc. in patent counterclaims against the Boston Scientific defendants involving embolic protection technology. The claim for misappropriation of trade secrets was dismissed. The patent claims and counterclaims were settled before trial on a confidential basis.
Represented Intergraph Corporation in patent litigation involving microprocessor system design in a case against Toshiba and NEC in the Northern District of California. The case settled before trial on a confidential basis.