I understand the devastation families suffer when medical care causes serious injury or loss instead of hope and healing. I am absolutely dedicated to digging deep in each case and uncovering what went wrong. I will not stop until I can find answers for the people I represent. Only then can I help my clients pursue the true measure of justice.
Brandon Thompson’s entire legal career has been dedicated to representing individuals and families who have suffered from the negligence of medical professionals. There is no greater professional honor for Brandon than being asked to help people when they are facing the darkest times of their lives.
Brandon is one of the foremost trial lawyers of his generation. He has won numerous multi-million jury trials – including some of the largest-ever jury verdicts in the State of Minnesota for clients harmed by serious medical malpractice – and has negotiated many millions of dollars of settlements for his clients. He is a member of a number of elite national and international trial organizations, and in 2018 was invited to be the youngest-ever Fellow of the International Academy of Trial Lawyers – recognized as the most prestigious organization of trial lawyers in the world.
Brandon’s work ethic and compassion were a product of his blue-collar upbringing; his grandfather was a mechanic, his dad was an electrician at the Ford plant, and he was the first person in his family to go to college. The father of three children, including a young daughter with extraordinary medical needs, he empathizes with his clients in a way very few lawyers truly can.
When people and their families come to us, they are usually looking for two things: they want answers, and they want justice. We have dedicated ourselves to providing both. Justice can mean different things to different people, of course; sometimes it means changing the law. Sometimes it means changing the way health care is practiced. Often, it means getting resources that will make the future a little bit brighter, either for the injured person or for those left behind. Some of our successes are listed below.
Handled a malpractice case involving a 35-year-old father of three who died mysteriously less than 12 hours after having gallbladder surgery. The autopsy gave no clues, simply concluding that there was “no anatomical cause of death.” After an extensive investigation, Brandon and his team learned the man had died from “opioid-induced respiratory depression”— he had received significant but certainly not toxic levels of pain medication in the overnight hours, was left unmonitored, and slipped into a deep sleep from which he never woke up. Brandon and his team proved that the hospital’s policies governing post-operative monitoring were inadequate, and that the staff had violated even the inadequate education and training that the hospital had provided. The case settled shortly before trial for $7.3 million, providing future financial security for the man’s wife and three young children.
Represented a 51-year-old man who was paralyzed from the waist down following surgery for a perforated bowel. The man suffered a prolonged drop in blood pressure after receiving anesthesia, causing a critical lack of blood flow to his spinal cord, and resulting in permanent damage and paralysis. After a nine-day trial, the jury found that the anesthesiologist’s negligence caused the man’s injuries. The jury awarded $9.1 million, an amount that will allow him to live more independently and receive rehabilitation that may eventually allow him to walk again.
Represented a little girl who suffered cerebral palsy and developmental delays after being deprived of oxygen during her birth. The case, brought against a Midwest hospital, settled without trial for $4.25 million.
Represented a 51-year-old woman who suffered a catastrophic brain injury following a failed tracheostomy procedure. The woman underwent surgery at a Minnesota hospital to repair a brain hemorrhage, which was by all accounts successful though she still required ventilatory support for breathing. About a week after the surgery, doctors in the hospital performed a procedure called a bedside percutaneous tracheostomy to allow for longer-term ventilator support while the woman recovered. During the procedure a large artery in the woman’s neck was severely damaged, leading to a massive loss of blood and a global brain injury. She is left catastrophically impaired, blind, and totally dependent on others for round-the-clock care. The case settled for $9.5 million.
Represented a 43-year-old women who suffered a catastrophic injury after what should have been a relatively simple surgical procedure. The woman lost all use of her dominant arm, developed an unrelentingly painful nerve disorder, and was forced to withdraw from her Ph.D. program at the University of Minnesota. The case settled for $5.075 million.
Represented a fifty-five year old woman who was paralyzed from the waist down as a result of a bleeding complication that took place during back surgery. The case against the hospital nursing staff settled, and the case against the woman’s anesthesia providers proceeded to trial in Hennepin County. Brandon took over as lead counsel just a month before the trial began. The jury returned a verdict of $6.05 million; the recovery will allow the woman to enjoy high-quality care and be relatively independent for the rest of her life.
Client v. Gene Kirkpatrick: The District Court, East Central Judicial District in North Dakota, issued an opinion on July 8 in a civil action for damages for wrongful death, ordering judgments of $4,406,139.50 as compensation for economic damages, $5 million as compensation for non-economic damages and the maximum $250,000 for exemplary damages. The family of Dr. Philip Gattuso of Fargo, N.D., who was killed in October 2009, had sought damages in the civil action following the July 2011 conviction of conspiracy to murder and life sentencing of the defendant, Gene Kirkpatrick, of Jones, Okla. Kirkpatrick had arranged for his son-in-law, Dr. Gattuso, to be killed following the death of his daughter Valerie, Dr. Gattuso’s wife, to attempt custody of their young daughter. Valerie Gattuso had passed away in March 2009 following complications from surgery. We also represented the Gattuso family in that medical malpractice lawsuit, which had settled confidentially.
Represented a three-year old boy from North Dakota who suffered a severe neurological injury when his skull was fractured during delivery. The child’s mother was in labor for several days, and the hospital’s nursing staff failed to keep the obstetrician and nurse midwife informed of dangerous changes in the baby’s heart rate during the final hours of labor. This delay led to a crisis and emergency cesarean section, during which the fracture occurred. The case involved complex claims against the obstetrician, the nurse midwife, and the nursing staff of the hospital. Our team successfully settled the claims against the obstetrician and nurse midwife for the limits of their insurance, $3 million. The claims against the hospital staff settled shortly before trial for an additional $1 million, providing life-long resources for the little boy and his family.
Represented a twenty-five year old woman who suffered a stroke after having a chiropractic neck manipulation. With hard work and lots of support from her family the woman made a fairly good recovery, but was left with permanent limitations in her physical abilities. The case settled before trial for $950,000.
Represented the family of a young toddler who died under suspicious circumstances at the home of his day care provider in Fargo. After the county declined to prosecute the day care provider, the family looked for justice through a civil lawsuit. The case settled shortly after the lawsuit was filed for a confidential sum.
Represented a man who suffered burns to his face and chest after his health care providers failed to follow appropriate procedures to minimize oxygen flow and the presence of flammable prep solution. An explosion occurred while the man’s surgeon was performing a routine procedure with an electrocautery tool. The case ultimately settled for $1.3 million.
Represented a thirty-nine year old woman who became pregnant following a failed tubal ligation. Her child was born with severe disabilities, ultimately dying shortly after her third birthday. During discovery it became evident that the woman’s doctor knew of test results that indicated the tubal ligation may have failed, but chose not to inform the patient of the risk of pregnancy. Our team successfully argued that the doctors disregard of the woman’s right to make informed decisions about her own health care warranted punitive damages. The case settled shortly before trial for $3 million.
Represented the family of a six-day old infant who died during a medical procedure. They ultimately negotiated a $1 million settlement for the little girl’s mother, father, and older sister.
Represented the family of a thirty-six year old woman who bled to death following a caesarean section at the Monticello-Big Lake Community Hospital, now known as New River Medical Center. After a two-week trial in Wright County, Brandon and Kathleen obtained a $4.6 million verdict for the woman’s husband and young son. The case was appealed all the way to the Minnesota Supreme Court; by the time the case was over, Brandon and Kathleen had recovered over $5 million for the family.
Brandon and an attorney at his former firm handled Wesely v. Flor, an appeal to the Minnesota Supreme Court involving the interpretation of the “safe harbor” provision in Minnesota’s medical malpractice expert witness disclosure statute. A unanimous Supreme Court ruled in favor of Brandon’s client and preserved an important protection for injured individuals across the state.
*Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.
Case results before 2019 were obtained while Brandon was at his former firm.
**Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.