Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Lagerstrom v. Myrtle Werth Hospital-Mayo Health System

Wisconsin Supreme Court
700 N.W.2d 201 (2005)


Facts

Vance Lagerstrom died due to the negligent care of Myrtle-Werth Hospital-Mayo Health System (defendant). Vance’s wife, Klover Lagerstrom, brought suit for medical malpractice and wrongful death. Lagerstrom presented evidence that Vance’s medical expenses totaled $89,000. The circuit court permitted Myrtle to present evidence that Klover’s out-of-pocket costs totaled only $755 due to payments from various collateral sources, including Medicare, write-offs, and health insurance. Medicare had a statutory right to reimbursement if Vance’s estate received any recovery resulting from the injuries. Medicare informed Klover that it intended to seek such reimbursement. Despite this, Klover chose not to include Medicare in the lawsuit. Klover did seek to introduce evidence of the obligation to reimburse Medicare. The circuit court excluded this evidence. Wisconsin’s medical-malpractice statute stated that evidence of payments from collateral sources was admissible, but the statute did not specify how courts should use such evidence. The statute also provided for subrogation claims from third parties. The circuit court instructed the jury that it may, but was not required to, reduce Klover’s award for the reasonable value of her medical expenses by the amount of the collateral-source payments. The jury returned a verdict in favor of Klover with an award of $55,755, including $20,000 for Vance’s pain and suffering, $35,000 for the loss of companionship, and only $755 for medical expenses. Klover appealed.

Rule of Law

Issue

Holding and Reasoning (Abrahamson, C.J.)

Dissent (Prosser, J.)

Dissent (Roggensack, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 417,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial