Professional Negligence Law Reporter

Plastic surgeon Richard Tholen was a member of the American Medical Association and Assist America, a company that provides global emergency medical evacuation services to members traveling more than 100 miles from home. After suffering a serious knee dislocation while ziplining in Mexico, Tholen contacted Assist America for help. The company declined to evacuate Tholen from Mexico. As a result, his return to the United States was delayed, and he was left to arrange for his own medical care in Mexico. This led to poor care and an above-the-knee amputation.

The jury awarded $27.8 million, including $10 million in punitive damages.

Citation: Tholen v. Assist America, Inc., No. 17-cv-3919 (D. Minn. Oct. 21, 2021).

Plaintiff counsel: AAJ member Ronald Schutz, AAJ member Patrick Arenz, AAJ member Emily Niles, and Jessica Gutierrez, all of Minneapolis.