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FRUMKIN v. MAYO CLINIC

Nos. 91-1803, 91-1804.

965 F.2d 620 (1992)

Paul Allen FRUMKIN, Appellee, v. MAYO CLINIC, Appellant, Paul Allen FRUMKIN, Appellant, v. MAYO CLINIC, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 28, 1992.

Attorney(s) appearing for the Case

William Robert Stoeri, Minneapolis, Minn., argued (Creighton R. Magid, Minneapolis, Minn., and Benjamin Hippe, Rochester, Minn., on brief), for Mayo Clinic.

Wilbur W. Fluegel, Minneapolis, Minn., argued (Douglas E. Schmidt, Minneapolis, Minn., on brief), for Frumkin.

Before JOHN R. GIBSON and BEAM, Circuit Judges, and KAUFMAN, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

The Mayo Clinic appeals from a judgment entered against it after a second jury trial on Paul A. Frumkin's medical malpractice claim. Mayo doctors had performed surgery on Frumkin to relieve severe and chronic headache pain. Following the surgery, which involved severing a major nerve, Frumkin complained of a side effect called "anesthesia dolorosa," in which the absence of sensation is experienced as pain. After filing suit, Frumkin...

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