After an eight-day trial in a Bismarck, North Dakota courtroom, attorneys Tracy Kolb and Besse McDonald obtained a defense verdict for their gastroenterology physician client.

The plaintiff sought damages exceeding $3.75 million; however, the jury concluded, in just under two hours, that the physician was not negligent. This  exceedingly complex case involved a post-bariatric surgery patient who developed a copper deficiency, received copper supplementation, and was later diagnosed with a genetic mutation after suffering acute liver failure that necessitated liver transplantation. The genetic mutation was linked to a rare disease that impairs the body’s ability to process and absorb copper normally. This scenario presented a never-before-seen circumstance with a diagnosis attached that was never before described.

Tracy has been practicing law in North Dakota since 1995. She has practiced in the private and public sector handling litigation, administrative and legislative matters, and legal and regulatory compliance matters, particularly in the health care setting. Her private practice has been devoted primarily to litigation, mostly representing health care providers—hospitals, clinics, physicians, nurses, and long-term care facilities—and the defense of medical malpractice cases. Tracy has also represented providers in state regulatory licensing and disciplinary matters.

Besse is an attorney in our professional liability – health care practice group. Besse’s experience includes defending clients in all phases of litigation including preparation of initial pleadings, fact investigation, discovery, drafting dispositive and pretrial motions, and trial preparation.