MMA May Participate in Case Dealing with Wrongful Death at Residential Care Facility

October 5, 2023

The MMA has joined with the AMA and the Minnesota Hospital Association (MHA) to request leave to file an Amicus Brief in a wrongful death case against a Twin Cities residential care facility. 

In Rygwall v. ACR Homes, the next of kin of Amy Rygwall argues that Rygwall, a vulnerable adult, experienced respiratory distress while at the facility. She was taken to an urgent care facility and then transferred to an emergency room where she passed away some 14 days later.  

Rygwall’s family has sued ACR Homes claiming that their negligence in failing to take immediate action contributed to her deterioration and eventual death.  

Both the district court and appellate court granted summary judgment to ACR Homes reasoning that the family failed to establish that it was more probable than not that ACR’s negligence caused Rygwall’s death and that under the facts of the case, the jury would be asked to speculate as to the type of appropriate treatment, as well as if and when earlier treatment would have prevented her death.  

The Minnesota Supreme Court granted review of this case at the request of Rygwall’s family.  

If the request is approved, the MMA, AMA, and MHA will file an Amicus Brief, or friend of the court brief, to explain to the Court why endorsing Rygwall’s position and allowing causation to be determined by speculation would have damaging, real-world consequences.