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KAPLAN v. MAYO CLINIC

Nos. 09-2493, 10-2290.

653 F.3d 720 (2011)

Elliot KAPLAN; Jeanne Kaplan, Appellants, v. MAYO CLINIC; Mayo Foundation; Mayo Foundation for Medical Education and Research; Mayo Rochester, Inc.; Mayo Clinic Rochester, Inc.; Lawrence J. Burgart; David Nagorney, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 2, 2011.

Attorney(s) appearing for the Case

James F.B. Daniels , argued, Kansas City, MO, for appellant.

William R. Stoeri , argued, Minneapolis, MN, Heather M. McMann , Minneapolis, MN, Joshua Murphy , Rochester, MN, on the brief, for appellee.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

ARNOLD, Circuit Judge.

Elliot and Jeanne Kaplan, husband and wife, filed suit against Mayo Clinic Rochester, Inc., other Mayo entities (referred to collectively as Mayo), and Mayo doctors David Nagorney and Lawrence Burgart, making a number of claims arising out of Mr. Kaplan's erroneous diagnosis of pancreatic cancer and his surgery based on that diagnosis. The district court granted summary judgment in favor of Dr. Nagorney, and the case proceeded to trial against...

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