In 1998 a woman signed a power of attorney naming her daughter as her agent. Upon admitting her mother to a long-term care facility in 2006, the daughter signed an arbitration agreement along with other documents as part of the admissions agreement. The mother spent the last months of her life at the long-term care facility.
The woman’s daughter, as executrix of her estate, sued the long-term care facility for negligence by the facility's staff and the facility’s management’s breach of statutes regulating the provision of nursing home services resulting in injuries to the woman and in her wrongful death.
As a term of his probation, a man submitted his urine to the defendant drug and alcohol screening company for an Ethyl Glucuronide/Ethyl Sulfate (EtG/EtS) Test, which indicates the presence of the metabolites of ethanol. The presence of these metabolites over a certain amount indicates the intentional consumption of alcohol. The man’s urine test indicated the presence of metabolites above the amount established by the State of Minnesota indicating that he intentionally consumed alcohol in violation of his terms of probation.
The probation office filed a violation against the man and took him into custody. The man denied that he had been drinking alcohol arguing that the test was positive due to incidental exposure to alcohol. Four and a half months later a state court judge at his probation violation hearing determined that he should be released because there was credible evidence that the test was positive only due to incidental exposure to alcohol.
The man sued the drug and alcohol screening company in the United States District Court for the District of Minnesota under Minnesota state law for violations of the Minnesota Consumer Fraud Act (“CFA”), Minn.Stat. § 325F.69, subd. 1; violations of the Minnesota False Statement in Advertising Act (“FSAA”), Minn.Stat. § 325F.67; and common-law negligence.
A newborn suffered from jaundice at birth. After he was discharged from the hospital, his condition worsened. His mother contacted his pediatrician’s office and was told his condition was normal. When the newborn became lethargic and nonresponsive, the mother contacted the pediatrician again and was told to take him to the emergency room. By the time his parents took him to the emergency room, the newborn’s bilirubin level had become toxic, a condition known as kernicterus, causing irreversible brain damage.
The child, through a guardian ad litem, sued the pediatrician, his corporation, and hospital.