KAPLAN v. MAYO CLINIC

No. 15-2855.

847 F.3d 988 (2017)

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

United States Court of Appeals, Eighth Circuit.

Filed: February 13, 2017.


Attorney(s) appearing for the Case

James F.B. Daniels , McDowell & Rice, Kansas City, MO, for Plaintiffs-Appellants.

Andrew B. Brantingham , William R. Stoeri , Dorsey & Whitney, Minneapolis, MN, Joshua B. Murphy , Mayo Clinic, Rochester, MN, for Defendants-Appellees.

Before LOKEN, SMITH, and COLLOTON, Circuit Judges.


Elliot and Jeanne Kaplan sued Dr. David Nagorney, Dr. Lawrence Burgart, and Mayo Clinic and its affiliates ("Mayo") for medical malpractice, breach of contract, lack of informed consent, and loss of consortium following a surgical procedure performed on Elliot after a misdiagnosis. The district court1

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