Mayo’s healthy home court advantage

By Kelley Luckstein

The difficulties Olmsted County plaintiffs face in pursuing a med-mal claim against the Mayo Clinic, by far the area’s largest employer, were apparent in a recent appellate case. Becker et al. v. Mayo Foundation involved an appeal from an Olmsted County jury’s finding that the clinic was not negligent in failing to report suspected abuse of an infant…

The clinic’s trial record appears to bear that out. According to spokesperson Bryan Anderson, over the last 20 years, the clinic has lost only one trial in Olmsted County and only one trial in federal court. But the clinic disputes the notion that jury bias has played a role in that record. “Just as they are able to set aside their sympathy for the injured plaintiff, they are able to set aside considerations such as the reputation or local presence of the defendant,” Anderson said in an e-mail to Minnesota Lawyer last week.

Minnesota Lawyer, by Michelle Lore, 2/8/2010