A Hennepin County jury issued an $84 million malpractice verdict against Fairview Health Services on 29 September for the family of a 53-year-old man who died from heart attack complications after allegedly receiving an inadequate medical evaluation from a clinician at the hospital. It is one of the largest malpractice awards in the state’s history. Part of the award reflects what the man would have earned in the years ahead.
Two consultations that failed to adequately address his chest pain
Reece Devlin, 53, moved to Minneapolis from Australia and spent years as a partner at Ernst & Young. In October 2022, he went to an M Health Fairview Uptown clinic with chest pain, according to court records. A Fairview clinician ordered an electrocardiogram to check the electrical activity of Devlin’s heart. The practitioner stated that Devlin’s Mayo Clinic executive physical records had also been reviewed at the time. Brandon Thompson, the attorney who represented Reece Devlin’s wife and two children in the medical malpractice lawsuit against Fairview Health Services, argued that computer records contradicted this claim. The records reportedly showed that the practitioner had visited another patient and reviewed the records of 11 others instead. The attorney also argued that computer records contradicted the clinician’s claim that he had asked Devlin about his chest pain during a January 2023 virtual follow-up appointment, which had been scheduled to review his medication. He further said the evidence made jurors question whether Fairview had provided the required standard of medical care. The jury agreed. Without these medical records, the practitioner could not provide adequate medical care.Devlin died on 29 January 2023 while working out in his basement. This was less than a week after the virtual consultation.Medical malpractice cases often turn on what a clinician should have done. This one didn’t. The parties largely agreed on the standard of care for a patient with possibly serious chest pain. The dispute was over whether the evaluation met that standard.The family alleged that the physician assistant did not sufficiently investigate the complaint or review relevant prior records. They also said he did not tell Devlin that his chest pain could signal a serious heart problem. The family argued that the cardiac evaluation fell short of what his symptoms required.His widow and two children sued. The week-long trial ended with a Hennepin County jury awarding them $84 million against Fairview Health Services this autumn. “This is a stark reminder of the importance of being thorough, even when you’re busy, even when it’s a virtual visit,” Brandon Thompson told The Minnesota Star Tribune.In a written statement, Devlin’s wife said: “While nothing will ever undo the loss our family has suffered, we take comfort in the fact that we were able to tell our story, and the jury heard it loud and clear.”Fairview argued that it had conducted a thorough examination as required. During the trial, it did not comment on the verdict but expressed sympathy for the family. It said it could not comment further other than “to extend our deepest sympathies to Mr Devlin’s family for their loss. We respectfully disagree with the jury’s verdict and continue to believe the care provided was evidence-based.”Meanwhile, the verdict is not final. A judge can order a remittitur, which reduces an award the judge considers unsupported by the evidence, but the plaintiff must agree to it. Fairview can also appeal. A similar process cut a $110 million verdict against St Cloud Orthopedic Associates after a college student’s knee injury was allegedly mishandled. The award was later reduced to $10 million through a similar legal process.