MINNEAPOLIS, MN—A jury in Duluth has awarded a $2.05 million verdict in a medical malpractice lawsuit. This case, tried by Mike Lammers and his team at Heimerl & Lammers in collaboration with Ashwin Madia’s team at Madia Law, marks a significant victory for patients’ rights in Minnesota.

The case revolves around Joel Meyer, who suffered severe complications when a surgical team at Essentia – St. Mary’s left a laparotomy sponge inside him during a procedure in July 2021. This error led to a severe infection and complications in Joel’s cancer treatment, as well as loss of companionship for his wife, Heather. Initially, St. Mary’s refused to accept responsibility, prompting Joel and Heather to seek legal assistance. However, they faced a significant hurdle: at the time, Minnesota was the only state without a “survivorship” law. This meant that if a person with a valid injury claim died before their trial, their claim would die with them. Given Joel’s stage 4 cancer diagnosis, many attorneys were reluctant to take on the case.

The tide turned when Joel and Heather met Mike Lammers. Recognizing the injustice of the situation, Lammers and his team took on not just the case, but also the challenge of changing the law itself. Heather bravely testified before legislative committees in both the Minnesota House and Senate, advocating for change. Their efforts paid off in July 2023 when Minnesota finally passed a survivorship law (573.01 Survival of Causes), allowing terminal patients and their families access to justice. With this legal hurdle overcome, the team pressed forward with the litigation, facing continued defenses, denials, and delays from the hospital. The defense went so far as to blame Joel for his symptoms and even denied that they were negligent in leaving a sponge. 

In November, the hospital offered a settlement of $175,000 – an amount that failed to reflect the severity of the negligence and its impact on Joel and Heather’s lives. Undeterred, the legal team pushed forward to trial. On July 3, 2024, almost three years after the hospital’s negligence, justice was finally served. The jury returned a verdict of $2.05 million for the Meyers – more than ten times the amount of the only settlement offer made.