Joel Meyer et al v. Anne-Marie Boller, MD et al

On July 3, 2024, the jury unanimously awarded $2,000,000 in damages to the plaintiff in their medical malpractice case against St. Mary’s Medical Center.

Case Background

Joel Meyer and Heather Meyer filed the Medical malpractice lawsuit on November 28, 2022, in the Minnesota State District Court of St. Louis County (Case number: 69DU-CV-22-2501). Judge Shawn L. Pearson presided over the case.

Cause

Joel Meyer, a cancer patient from Nisswa, Minnesota, underwent a complex, multiple-stage surgery at Essentia Health St. Mary’s Medical Center in Duluth, beginning on July 9, 2021. Drs. Anne-Marie Boller and Ryan Groeschl, both based in Duluth, performed two of the surgical procedures. Following the completion of all three stages of the surgery, medical staff erroneously reported that all surgical sponge counts were correct. Meyer’s post-operative recovery was problematic, he remained hospitalized for 11 days, making little progress and experiencing numerous adverse medical issues.

On July 22, 2021, due to worsening symptoms and significant weight loss, Meyer sought emergency medical attention. A subsequent CT scan revealed a foreign body in his abdomen, consistent with a retained surgical sponge. The scan also showed a bile leak with a large fluid collection in the right abdomen, likely secondary to the cholecystectomy and liver resection performed during the initial surgery. Additionally, a pelvic abscess was noted near the rectal anastomosis, adjacent to the foreign body. Meyer then underwent an emergency exploratory laparotomy to remove the retained sponge and address the complications.

Injuries

The presence of the retained surgical sponge resulted in severe and debilitating complications for Meyer. These included delirium, which affected his cognitive function and awareness. Severe dehydration necessitated fluid replacement therapy. Significant weight loss impacted his overall health and recovery. Meyer also developed depression and anxiety as a result of his prolonged suffering and medical complications. The retained sponge led to a dangerous fluid collection in his abdomen and the formation of abscesses, increasing his risk of sepsis and other life-threatening conditions. Crucially, the complications caused by the retained sponge resulted in delays to Meyer’s cancer treatment, potentially compromising the effectiveness of his oncological care. The planned reversal of his ileostomy bag was also postponed indefinitely due to a fistula at his pelvic anastomosis, likely related to the infection caused by the retained sponge.

Damages

Meyer endured significant physical pain and suffering due to the complications caused by the retained surgical sponge. He experienced prolonged hospitalization, underwent additional invasive procedures, and faced an extended recovery period. The incident caused Meyer substantial emotional distress. This included feelings of anxiety, depression, and embarrassment related to his medical condition and delayed recovery. His quality of life was severely impacted. He was unable to engage in normal daily activities or enjoy time with his family. Meyer incurred significant additional medical expenses for the emergency room visit. These expenses also covered diagnostic imaging, surgical removal of the retained sponge, and treatment of resulting infections and complications. The delay in his cancer treatment potentially compromised his long-term prognosis and may necessitate more aggressive future treatments. Meyer’s professional life was also affected, as he was unable to work during his extended recovery period, resulting in lost wages and potential career setbacks.

Heather Meyer, Joel’s wife, suffered significant non-economic damages due to her husband’s condition. She experienced emotional distress from witnessing her husband’s suffering and anxiety over his compromised health. Heather also faced increased responsibilities in managing household duties and providing care for Joel during his extended recovery, leading to physical and emotional strain.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Joel Meyer | Heather Meyer
    • Counsel for Plaintiff: Michael Benson Lammers| Jigar Ashwin Madia | Zane Alexander Umsted

 

  • Defendant(s): Anne-Marie Boller, MD | Essentia Health | Essentia Health St. Mary’s Medical Center | Ryan Groeschl, MD
    • Counsel for Defendants: Tracy Ann Schramm

 Claims

  1. Medical Malpractice:  They claimed that leaving a surgical sponge in Meyer’s body during the cancer surgery constituted a clear breach of the standard of care expected in the medical community. This negligence directly resulted in Meyer’s numerous injuries, complications, and damages. The plaintiffs argued that proper surgical protocols, including accurate sponge counts and potentially the use of surgical sponge detection technology, should have prevented this error.
  2. Loss of Consortium: Heather Meyer claimed significant loss of consortium due to her husband’s extended incapacitation caused by the defendants’ negligence. She alleged that Joel’s condition deprived her of the normal marital relationship, including loss of companionship, affection, comfort, and sexual relations. Heather also claimed she was deprived of Joel’s assistance with household duties and childcare responsibilities, fundamentally altering their family dynamic. The emotional toll of caring for her husband and managing increased responsibilities also impacted Heather’s own well-being and quality of life.

Defense

The defendants, consisting of Essentia Health, Essentia Health St. Mary’s Medical Center, Dr. Anne-Marie Boller, and Dr. Ryan Groeschl, filed a joint and separate answer to the medical malpractice complaint. They denied all allegations of negligence and causation of injuries to the plaintiffs. In their defense, the defendants asserted that the medical care provided to Joel Meyer was consistent with accepted standards of care for similarly qualified physicians in comparable circumstances. They argued that any injuries or damages claimed by the plaintiffs may have resulted from pre-existing medical conditions. Additionally, they suggested that natural disease processes could have contributed to the injuries or damages. The defendants also pointed to anatomical abnormalities, acts of nature, or superseding causes beyond their control as possible factors.

The defendants raised several affirmative defenses, including potential negligence on Joel Meyer’s part regarding his health and well-being, failure to mitigate damages by the plaintiffs, and the possibility that the complaint failed to state a valid claim for relief. They also invoked Minnesota Statute 145.682, which governs medical malpractice claims, and demanded full compliance with its provisions.

The defendants requested a jury trial and asked the court to dismiss the plaintiffs’ claims. They sought judgment in their favor, along with costs and disbursements associated with the legal proceedings.

Jury Verdict

The jury in the surgical error lawsuit of Joel and Heather Meyer against St. Mary’s Medical Center reached a verdict on July 3, 2024. They found that St. Mary’s Medical Center’s negligence was a direct cause of injury to Joel Meyer. The jury determined that Joel Meyer was not negligent in taking care of himself or failing to follow medical instructions.

Regarding damages, the jury awarded the plaintiffs a total of $2,000,000 in past damages. This amount included $1,500,000 for past pain and disability, $200,000 for emotional distress, and $300,000 for Heather Meyer’s loss of companionship and services. The jury did not award any damages for disfigurement or embarrassment.

 Court Documents:

Complaint

Answer

Jury Verdict