Brandon Thompson, Ciresi Conlin LLP

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In a few months, the case of Thapar v. St. Cloud Orthopedics will be re-tried in U.S. District Court. The medical practice verdict in the case, for $111 million, was handed down in May of 2022. Brandon Thompson and his client rejected Magistrate Judge Tony Leung’s offer of a remittitur of $10 million and opted instead for a new trial.

Anuj Thapar at the time of the accident was a 17-year-old student, who was injured while playing indoor soccer. He went to St. Cloud Hospital with a broken leg and underwent surgery that night. He developed acute compartment syndrome, which is pressure in a group of muscles, nerves and blood vessels. The muscles and nerves may die. Thapar subsequently needed over a dozen surgeries and has permanent and disabling injuries. Of the $111 million verdict, $1 million was for past and future medical expenses, $10 million was for past pain and suffering, and $100 million for future pain and suffering.

Thompson, along with partner Barry Landy, sued Minnesota health care systems Allina, HealthPartners, M Health Fairview/Health East, and Essentia over failure to provide patients’ medical records upon request. The Patients sued the providers under the Minnesota private attorney general statute, Minn. Stat. § 8.31, subd. 3a (2022). The Minnesota Supreme Court determined that patients did have a private right of action under the private attorney general statute. The case substantially expands the scope of individual patients’ rights, Thompson said.

In 2020, Thompson and Colin Peterson had a victory at the Minnesota Supreme Court in Popovich v. Allina when the court ruled that a hospital may be vicariously liable on a theory of apparent authority for the professional negligence of an independent contractor.