Healthcare
In today’s constantly changing and evolving healthcare environment, it is more important than ever for physicians, leadership and management to focus on what they do best—caring for their patients, building their business and managing costs. From there, finding the right strategic partners you need to grow, protect and support that investment is essential. Our multidisciplinary team of attorneys at Gislason & Hunter work daily with physicians, clinics and hospitals, insurers, suppliers and technology groups to meet the challenges they are facing in this advancing, fluid market. We have experience in all legal aspects of the healthcare industry including medical malpractice, labor and employment, asset protection, intellectual property, business formation, privacy, real estate and litigation. As a full service firm, we are committed to bringing a robust suite of practices with proven expertise forward for each client’s interests and success.
Our accomplished attorneys bring substantial expertise to the Healthcare industry to deliver the very best in service and results.
Attorneys
Cases & Clients
Traumatic Brain Injury Case
In 2014 R. Stephen Tillitt tried a traumatic brain injury case in Goodhue County against one of the leading Plaintiff’s attorneys in the state. Steve’s client had thrown his driver after a poor golf shot, and it hit his companion in the face, fracturing multiple bones and injuring his brain. At issue was the extent of the companion’s recovery and the reasonable compensation for his suffering and disability. Following five days of trial, the jury issued a damage award consistent with Steve’s pretrial evaluation.
Tasered While Fleeing the Police
St. Louis County, Minnesota
Court File No. 69-DU-CV-13-1077Claims asserted: plaintiff was Tasered while fleeing the police. Plaintiff was brought to the emergency department for evaluation. Thereafter, the plaintiff was seen in the clinic for follow-up care. As to both the emergency department physician and family practice physician the plaintiff claimed there was a violation of the standard of care due to an alleged failure to diagnose and treat a traumatic brain injury, a brain contusion with subdural hematomas, and an intracranial hemorrhage. Plaintiff asserted that the failure to diagnose caused the development of visual deficits, lower and upper extremity paralysis, neurologic deficits, and chronic pain. Outcome: Defense verdict, January 2016.
Presents on Employment Law Developments
Brittany King-Asamoa routinely monitors employment law developments and trends to keep employers apprised of compliance issues. She frequently presents and writes articles about employment law matters including, but not limited to, sexual harassment, #MeToo, the Family Medical Leave Act (FMLA), the Americans with Disabilities Act of 1990 (ADA), the Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), and other laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and Department of Labor.
Laparoscopic Extra Peritoneal Hernia Repair Surgery
St. Croix County, Wisconsin
Court File No. 15-CV-556Claims asserted: a patient underwent a laparoscopic total extra peritoneal (TEP) hernia repair surgery. In the case the plaintiff claimed that the surgeon violated the standard of care as follows: (1) failure to provide adequate informed consent; (2) failure to offer and perform an open procedure; (3) a failure to note a tear in the peritoneum and repair the tear to the peritoneum; (4) technical errors in the surgical procedure which allegedly caused a bowel injury to the patient; (5) and the medical care which allegedly caused the bowel injury led the patient to develop C. difficile colitis, which ultimately resulted in the patient needing an end ileostomy and developing end-stage kidney disease. Outcome: Defense verdict, September 2017.
Negligence Due to Failure to Diagnose
Ramsey County, Minnesota
Court File No. 62-CV-08-11206Claims asserted: plaintiff asserted negligence against a pediatrician for a failure to diagnose and treat a tumor in a pediatric patient. Further, plaintiff asserted a violation of the standard of care in failing to order appropriate radiographic testing which allegedly resulted in a delay in diagnosis and medical treatment. Plaintiff asserted that if the tumor had been diagnosed earlier, the plaintiff would not have suffered subsequent vision loss and neurological deficits. Outcome: Defense verdict, January 2010.
Performs Audits for Exempt and Non-Exempt Employment Status Identification
Proper identification of an employee’s entitlement to overtime pay or exemption from overtime laws is vital for employers. The ramifications for erroneously identifying an employee as exempt from overtime can be disastrous. Brittany King-Asamoa has performed position audits for multiple companies to assist employers with finding the proper identification of individuals exempt from overtime pay under the federal Fair Labor Standards Act and the Minnesota Fair Labor Standards Act.
TVT Surgical Procedure
Hennepin County, Minnesota
Court File No. 27-CV-16-11946Claims asserted: the patient underwent a tension-free vaginal tape (TVT) surgical procedure. In litigation the plaintiff asserted the following: (1) the surgeon who performed the TVT procedure lacked the requisite experience violating the standard of care; (2) the surgeon failed to provide appropriate informed consent about the TVT procedure; (3) the surgeon failed to offer a less risky operation in light of the patient’s past medical history; (4) inadequate surgical technique that violated the standard of care resulting in a bowel perforation; (5) inadequate postoperative care and treatment to the patient; and (6) a failure to timely diagnose and treat the postoperative bowel perforation. Outcome: Defense verdict, December 2017.
Joint Venture Transaction in China
David Kim represented a client in a joint venture transaction in China for the manufacture and distribution of pharmaceutical products in China.
Joint Venture Transaction in Korea
David Kim represented a client in a joint venture transaction in Korea for the manufacture and distribution of pharmaceutical products in Korea.
Radiation Overdose
St. Louis County, Minnesota
Court File No. 69-HI-CV-14-1458Claims asserted: the patient was diagnosed with prostate cancer requiring radiation treatment. The plaintiff asserted a violation of the standard of care that resulted in an alleged overdose of radiation to nearby structures. The plaintiff asserted as a result of excessive radiation injuries occurred to the bowel, bladder and colon. The patient also asserted a failure to provide appropriate informed consent about the risks associated with radiation therapy. Outcome: Defense verdict, June 2015.
Workplace Investigations
Brittany King-Asamoa has valued experience performing workplace investigations regarding reports of discrimination, sexual harassment, and general non-compliance with employment laws. She takes great pride in performing these investigations with an eye toward counseling employers and management about compliance issues, as well assisting employers in identifying problem areas and solutions.
Tort Litigation
In 2017 Cory Genelin obtained summary judgment on behalf of a large fitness center and social organization. A patron accused the organization of assault, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent hiring, and negligent retention after one of the organization's employee's allegedly threatened the patron. Mr. Genelin conducted depositions of witnesses and discovery of medical records and had the entire case dismissed.
See Blue Earth County File No. 07-CV-16-516
In 2018 Cory obtained a favorable jury verdict on behalf of an in-home care business accused of negligence in securing a wheelchair occupant. Cory Genelin defeated claims for pain and suffering, wage loss, loss of consortium and medical bills in excess of $150,000.
See Olmstead County File No. 55-CV-16-8667
Employment Administrative Proceedings
Brittany King-Asamoa is experienced with the administrative proceedings involving an employment charge filed with the EEOC and Minnesota Department of Human Rights. She has assisted in the defending against charges and represented employers in EEOC conciliation proceedings, as well as respond to requests for information during EEOC investigations.
Roger Durand, et al. v. Fairview Health Services, 230 F.Supp.3d 959 (D.Minn. 2017)
Successful summary judgment motion dismissing ADA claim against hospital. Plaintiffs alleged hospital violated the Americans with Disabilities Act, Rehabilitation Act and Minnesota law by failing to provide auxiliary aids for deaf parents during their son’s hospitalization. District Court held that parents received equal opportunity to access the hospital services provided to hearing visitors, and hospital did not discriminate.
De-Cannulation
Ramsey County, Minnesota
Court File No. 62-CV-11-1552Claims asserted: the decedent suffered a stroke which resulted in him being placed in a long-term rehabilitation facility. As a result of the stroke, the patient had a tracheostomy. In order to wean the patient off of the tracheostomy the patient was de-cannulated. It was asserted that the de-cannulation recommended and subsequently performed by the physician was a violation of the standard of care and resulted in respiratory arrest. Plaintiff asserted that the physician, in de-cannulating the patient, caused asphyxia and death. Outcome: defense verdict, November 2012.
Employment Policies, Agreements and Employee Handbooks
Experienced and passionate about assisting employers and their human resources professionals craft employment policies designed to comply with the law as well as practically address and minimize workplace issues. Brittany King-Asamoa also has experience drafting agreements that best fit the needs of employers including, but not limited to, non-competes, independent contractor, non-disclosure and confidentiality agreements and assignments of intellectual property rights.
Appropriate Informed Consent
Hennepin County, Minnesota
Court File No. 27-CV-08-2264Claims asserted: plaintiff asserted that the physician violated the standard of care by failing to determine the maximum depth for proceeding with a tender point injection. Plaintiff asserted that as a result of the negligence they developed bilateral pneumothoraxes which required subsequent hospitalization and ongoing medical care. Further, the plaintiff asserted that the physician failed to provide appropriate informed consent and failed to advise the patient of the risks of the procedure. Outcome: Defense verdict, March 2009.
Failing to Diagnose Properly
St. Louis County, Minnesota
Court File No. 69-HI-CV-14-1458Claims asserted: the patient was diagnosed with prostate cancer requiring radiation treatment. The plaintiff asserted a violation of the standard of care that resulted in an alleged overdose of radiation to nearby structures. The plaintiff asserted as a result of excessive radiation injuries occurred to the bowel, bladder and colon. The patient also asserted a failure to provide appropriate informed consent about the risks associated with radiation therapy. Outcome: Defense verdict, June 2015.
Appealing Awards of Unemployment Compensation
Brittany King-Asamoa has successfully represented numerous employers in evidentiary hearings challenging eligibility determinations for unemployment compensation.
Acquisition of DNA Gene Cloning and Storage Services Provider
David Kim represented a client in a reverse triangular merger for its acquisition of the world's biggest DNA gene cloning and storage services provider.