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Twin Cities surgeon awarded $25M in lawsuit over vacation mishap

Richard Tholen alleged that Assist America was liable for the amputation of his leg after the company allegedly refused to send an air ambulance.
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Wooden judges gavel on wooden table, close up

MINNEAPOLIS — Federal jurors ruled a Twin Cities plastic surgeon is entitled to nearly $25 million because an emergency medical provider declined to fly him back to the United States after a ziplining injury in Mexico led to the amputation of his leg. 

Attorneys for Richard Tholen of Plymouth argued that New Jersey-based Assist America was liable for damages after they failed to send an air ambulance to Mazatlán in April 2015, after Tholen complained about his treatment for a dislocated knee. 

It took jurors less than six hours of deliberation before awarding Tholen more than $24.8 million, $10 million of that in punitive damages. In a separate action, the Star Tribune reports, they awarded Tholen another $3 million from Assist America for breach of contract.

Carla Ferrucci, executive director of the 67-year-old Minnesota Association for Justice, a professional lawyers association, said she cannot recall a larger award of its kind in Minnesota.

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