GONZALEZ v. SHAHIN

No. 22-2012.

77 F.4th 1183 (2023)

Marco GONZALEZ, Plaintiff-Appellant v. Salem SHAHIN, MD; Carol Gilmore, MD; Richard Martin, MD; Paul Andelin, MD; Jeffrey Adams, PA-C; Mercy Medical Center; McKenzie County Healthcare Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Julia T. Thompson , of Denver, CO. The following attorney(s) appeared on the appellant brief; Jim Leventhal , of Denver, CO., Julia T. Thompson, of Denver, CO., Nathaniel E. Deakins , of Denver, CO., and Emily Olive Monnett , of Denver CO.

Counsel who presented argument on behalf of the appellees was Kenneth H. Bayliss, III , of Saint Cloud, MN for Mr. Salem Shahin, MD. Tracy Vigness Kolb , of Bismark, ND for Richard Martin, Mercy Medical Center, Ms. Carol Gilmore, MD and Mr. Paul Andelin, MD. Matt A. Paulson, of Grand Forks, ND. For McKenzie County Healthcare Systems, Inc. The following attorneys appeared on appellees' briefs; Steven R. Schwegman , of St. Cloud MN., Kenneth H. Bayliss, of St. Cloud MN., Michelle M. Draewell , of St. Cloud, MN. for Salem Shahin, MD. Brenda L. Blazer, of Bismarck, ND and Briana L. Rummel, of Bismarck, ND. For Jeffrey Adams, PA-C. Besse H. McDonald, of Mineeapolis, MN. And Tracy Vigness Kolb, of Bismarck, ND for Carol Gilmore, M.D., Richard Martin, M.D., Paul Andelin, M.D., and Mercy Medical Center. Randall S. Hanson, of Grand Forks, ND, Matt A. Paulson, of Grand Forks, ND. For Mckenzie County Health Systems, Inc.

Before COLLOTON, BENTON, and KELLY, Circuit Judges.


Marco Gonzalez was prescribed an antibiotic and suffered serious adverse effects. He sued the healthcare providers and hospitals that were involved in his treatment for medical negligence, and a jury found in favor of the defendants. Gonzalez filed a motion for a new trial, challenging the district court's comments to the jury...

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