Chris Messerly Partner Robins Kaplan LLP 800 LaSalle Avenue 2800 LaSalle Plaza Minneapolis, MN 55402-2015 612.349.8500 (tel) 800.553.9910 (toll-free) 612.339.4181 (fax) [email protected]

AREAS OF PRACTICE Medical Malpractice

Personal Injury Product Liability Mass Tort

EXPERIENCE* Chris Messerly began his career at Robins Kaplan LLP in 1981 as a part-time messenger, weekend receptionist, and clerical aid. Since then, he has committed the last 33 years of his life as an attorney representing families and individuals who have been injured in cases involving medical malpractice, personal injury, products liability and harm caused by wrongdoers. Aside from attending college for four years in Maine, Chris has lived his entire life in Minnesota. He and his wife of 38 years have three children (a physical therapist, a son who is a graduate Ph.D. physics student, and a son who works in outdoor education).

The following are examples of cases in which Chris has helped individuals and families:

Pro Bono Legal Services for the Survivors and Those Who Lost Loved Ones in the I-35W Bridge Collapse. Chris Messerly was the spokesperson and a leader of a 17 law firm consortium providing legal services to the over 100 survivors and those who lost loved ones on August 1, 2007 when the I-35W Bridge in downtown Minneapolis collapsed into the Mississippi River. Our firm provided free legal services to its clients. In 2008, we helped secure a legislatively created $37 million compensation fund for survivors and those who lost loved ones. In 2009, we recovered additional compensation from PCI Corporation, the construction company which placed thousands of pounds of CHRIS MESSERLY, continued

EXPERIENCE (Cont.) construction material on the bridge the day it collapsed. In August 2010, URS Corporation, the company hired by the State to provide engineering services on the bridge, agreed to pay more than $40 million to settle the Consortium clients’ claims. An additional $1.5 million was recovered from URS which all attorneys representing those on the bridge donated for the construction of a memorial. In total, more than $77 million was recovered for survivors and those who lost loved ones. Robins Kaplan LLP attorneys and staff devoted more than 20,000 pro bono hours to the case. For his efforts, Chris was featured in "After the Collapse: Personal injury lawyer Chris Messerly tackles the 35W bridge collapse," Minnesota Super Lawyers magazine (June 2011).

Chris and Elizabeth Fors represented the family of a 30-year-old woman who went to an emergency room with a fever and nausea three days after giving birth to her first child. The nurse practitioner defendant ignored lab tests showing that the woman had sepsis (a severe systemic infection) and sent her home. Twelve hours later, the woman was rushed back to the same emergency room, where she died. A jury returned a verdict in the amount of $20.6 million, which is the largest wrongful death verdict of any kind in state history.** Bermingham v. Emergency Care Consultants, P.A. (Hennepin County 2017).

Phil Sieff and Chris completed a settlement for a 32-year-old male who suffered an industrial accident that left him with third-degree burns over 70 percent of his body. The injured man settled with defendants for $15.4 million.

For a young mother and wife who suffered severe brain damage due to paramedics’ negligence, Chris obtained an $11.1 million verdict that allowed the family to modify their house so that the mother/wife could move from a nursing home to her own home to live with her family. The verdict also allowed the family to obtain around-the-clock care for their mother/wife, to repay past medical costs, and to provide a safe and secure future for the family. Chris represented a teenage boy who suffered a CHRIS MESSERLY, continued

EXPERIENCE (Cont.) severe brain injury when the car in which he was riding collided head-on with a truck. The $10.3 million verdict allowed his parents to buy an accessible home and pay for a care provider for their son. The recovery paid back all past medical costs and provided for all future care, rehabilitation, and security.

A girl suffered brain damage at birth due to medical malpractice. As a result, she suffered permanent injuries that would require care and treatment for the rest of her life. Chris obtained a $4.4 million verdict to provide for all of the young girl’s needs so that neither she nor her parents would have to worry about being able to pay for her future care. The recovery also paid back the taxpayers of the State of Minnesota who had been paying the girl’s significant medical expenses.

Chris obtained a $2.5 million verdict on behalf of a Wisconsin farmer and his wife. Due to the failure of a neurosurgical team to promptly diagnose and perform surgery on a severe back condition called cauda equina syndrome, the farmer can no longer work on his farm and has lost significant function of his bowel and bladder and much of the use and feeling of both of his legs. The money recovered provided the funds to allow the family to keep their farm and provide for future medical expenses and loss of income.

Chris represented a woman who suffered facial scars and depression when she requested a light chemical peel by dermatologist, Dr. Patrick Carney of Skin Speaks Spa, M.D., who then proceeded to perform a deeper acid peel. Although our client asked for the procedure to stop when she was in pain, the doctor continued. After seven days of trial, the jury unanimously awarded our client $986,639.

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EXPERIENCE (Cont.) A troubled teen was going through some difficult adolescent times, which led to his being hospitalized and placed on a suicide watch. Unfortunately, he was not watched very carefully and to make things worse, he was given the things he needed to harm himself. He was found hanging in his bathroom. He survived, but suffered serious and permanent brain damage. Chris obtained a settlement for the boy to provide for his future needs.

Chris prevailed in the Supreme Court of Wisconsin to help a young mother and her son. Chris provided free legal services in a case in which it was discovered several years later that paternity blood tests had been wrongly interpreted to exclude the man who had actually fathered the child. As a result, a young mother struggled to raise her son without support of the father. Chris convinced the Supreme Court to allow an exception to the law requiring the case to be reopened within a very short time period. As a result, the mother was allowed, on behalf of her son, to obtain support from the father who had wished to avoid responsibility. Cynthia M.S. v. Michael F.C., 511 N.W.2d 868 (Wis. 1994)

Chris helped make new law in Minnesota to help children who are victims of child abuse. In Becker v. Mayo, Chris represented a catastrophically brain injured child who had been beaten repeatedly by her birth father. She was taken more than once to the same hospital emergency room. The trial court and court of appeals ruled that physicians could not be held responsible for their refusal to report suspected child abuse. Chris challenged those rulings in the Supreme Court and prevailed for the child so that doctors who choose not to report child abuse can be held accountable.

* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

** 9/25/17 affidavit from Meagher & Geer law firm.

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BAR ADMISSIONS Minnesota

Wisconsin U.S. District Court, Minnesota U.S. District Court, North Dakota U.S. Court of Appeals, Eighth Circuit U.S. District Court, Western District of Wisconsin

PROFESSIONAL America’s Top 100 Attorneys, Minnesota ASSOCIATIONS American Bar Association

American Board of Trial Advocates, National Board Representative, Past President, Minnesota Chapter

American College of Trial Lawyers, Fellow

Hennepin County Bar Association

International Society of Barristers

Million Dollar Advocates Forum

Minnesota Association for Justice, Past President Minnesota State Bar Association

Minnesota Million Dollar Roundtable

Ramsey County Bar Association

State Bar of Wisconsin

Wisconsin Association for Justice

PUBLICATIONS “Medical Malpractice: The Art and Science of Case Selection,” Attorney at Law, October 2012

The Robins Justice Report – Special Edition, Summer 2011

“Mandatory Reporters Must Speak for the Abused Child,” Minnesota Association for Justice, Fall 2007

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PUBLICATIONS “President’s Page: Serving Minnesotans in Many (Cont.) Ways,” Minnesota Association for Justice, Summer 2007

“President’s Page: Reframing the Debate,” Minnesota Trial Lawyer, Winter 2007

“What We Do Is More Important Than Who We Are,” Minnesota Trial Lawyer, Volume 31, No. 4, Fall 2006

“Obtaining Justice When a Child Dies,” Trial (Journal of the American Association for Justice), September 2005

“Nowhere To Turn: A Glance At the Facts Behind The Supposed Need For Tort ‘Reform’,” Hamline Law Review, Vol. 28, No. 3, Summer 2005

“When Every Second Counts,” Trial (Journal of the American Association for Justice), May 2003

“Six Lessons I Have Learned Representing Linda McDougal,” Bill of Particulars (The New York State Trial Lawyers Institute), Spring 2003

“Proposed Joint Liability Changes Protect Tortfeasors, Not Taxpayers,” Minnesota Lawyer, April 30, 2002

“BANG! Your Medical Negligence Case is Dead: Ambushed by the Expert Affidavit Statute,” Minnesota Trial Lawyer, Vol. 25, No. 4, Fall 2000

“Trial Techniques: Using a Focus Group Could Help Value Your Case,” Minnesota Lawyer, March 27, 2000

“Liability of Adverse Medical Examiners,” Minnesota Trial Lawyer, Vol. 23, No. 3, Summer 1998

“The Child Witness in Tort Cases: The Trials and Tribulations of Representing Children,” William Mitchell Law Review, Vol. 24, No. 1, 1998

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SPEAKING ENGAGEMENTS Annual Lecturer to Second-Year Medical Students on Law and Medicine, University of Minnesota Medical School (2005-present)

“Enhancing Damages in Wrongful Death Cases,” Minnesota Association for Justice, Duluth, Minnesota (February 23, 2018)

“Subrogation’s Largest Property Cases—Lessons for All,” National Association of Subrogation Professionals, Scottsdale, Arizona (April 27, 2017)

“How Trial Lawyers Turned Deadly Man-Made Catastrophe into Justice and Public Safety: Minneapolis Interstate Bridge Collapse,” Ontario Trial Lawyers Association, Toronto, Canada (October 27, 2016)

“Access to Justice for People with Disabilities,” Minnesota CLE, Webcast (August 1, 2012)

“I-35W Bridge Collapse Litigation and Special Fund,” ABOTA Minnesota Chapter Meeting, Duluth, Minnesota (September 25, 2009)

“Trying the Wrongful Death Case with Little Pecuniary Loss,” Minnesota Association for Justice, Minneapolis, Minnesota (March 31, 2009)

“Trial Practice & Procedure in Minnesota State Court: How to Litigate the Civil Case,” Minnesota CLE, Minneapolis, Minnesota (November 7, 2007)

“Electronic Medical Records Liability,” Minnesota Association for Justice 2007 Medical Malpractice Conference, Minneapolis, Minnesota (April 19, 2007)

“Passion in Advocacy,” Minnesota Association for Justice, Minneapolis, Minnesota (April 13, 2007)

“Passion in Advocacy,” Minnesota Trial Lawyers Association, Duluth (Minnesota March 3, 2007)

“How to Avoid Medical Malpractice,” University of Minnesota Medical School (March 6, 2007)

“Experts/Evidence Issues,” Minnesota Judicial College (May 3-5, 2006)

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SPEAKING ENGAGEMENTS “New Thoughts on Child Death Cases,” Wrongful (Cont.) Death Seminar, Minnesota Trial Lawyers Association (January 27, 2006)

“The Life of a Trial Lawyer: Practicing With Passion,” ATLA Student Chapter (January 25, 2006)

“Medical Malpractice Claims: The Common, Repetitive Strategies of Learned Treatise Used (Abuse), For Voir Dire Questioning, Improper Cross and the Non-Calling of Witnesses; Oops They Did It Again! Overcoming Common Defense Strategies and Tactics,” Minnesota Trial Lawyers Association (January 14, 2005)

“Issues in Wrongful Death Cases – Maximizing Damages in a Child Death Case,” Wrongful Death Seminar, Minnesota Trial Lawyers Association (November 4, 2004)

Passion, Compassion & Damages in Action – 12th Trial Advocacy Seminar, Robins, Kaplan, Miller & Ciresi L.L.P. (November 4, 2004)

“Leveling the Playing Field,” Midwest Regional Conference for Women in the Law (April 22, 2004)

Defining Success: All Ages, All Stages – Minnesota Regional Conference for Women in the Law, Minnesota Women Lawyers, Inc. (April 21 - 23, 2004)

“The Tort ‘Deform/Reform’ Debate,” Hamline University School of Law (April 21, 2004)

“911 Dispatch and Response Time,” ATLA’s Emergency Transportation Services Negligence, National College of Advocacy (July 31, 2003)

“Pro Tort Deform, Threatening the Right to a Jury, Medical Malpractice,” Minnesota Institute of Legal Education (April 25, 2003)

“Issues in Wrongful Death Cases – Maximizing Damages in a Child Death Case,” Wrongful Death Seminar, Minnesota Trial Lawyers Association (February 14, 2003)

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SPEAKING ENGAGEMENTS “Lawyers and Paramedics – Mini MBA® In (Cont.) Emergency Medical Services,” University of St. Thomas (October 24, 2003; April 8, 2003; October 9, 2002; October 3, 2001; April 4, 2001; October 12, 2000; April 6, 2000; October 14, 1999)

“Using Technology to Prove Your Case to the Jury. The Trial Lawyers Toolbox – Building The Winning Case,” Iowa Trial Lawyers Association Annual Convention, Des Moines, Iowa (November 7, 2002)

“Witness Choices. The Toolbox – the Mechanics of Trying the Case,” Minnesota Trial Lawyers Association (October 4, 2002)

“Expert Witnesses – Effective Use Of Medical Experts,” Minnesota Institute of Legal Education (June 5, 2002)

“Medical Malpractice 2001 – The Good, The Bad and The Truly Frightening: Overview of (a) The Status of CIVJIG 91.40 after Blatz v. Allina and Orbeck v. Larsen (b) Current Status of Affidavit of Expert Review Statute (c) Current Status of Retroactivity of 1999 Change to Medical Malpractice Statute of Limitations,” Minnesota Trial Lawyers Association (September 21, 2001)

“Expert Witnesses – Particular Issues in Medical Negligence,” Minnesota Institute of Legal Education (June 21, 2001)

“Handling the Automobile Accident Case – Legislative Update - Auto Law Issues,” Minnesota Trial Lawyers Association (April 12, 2001)

“Legal Issues And Concerns Related To AEDs In The Workplace. Automated External Defibrillation for the Workplace,” American Heart Association (March 15, 2001)

“Don’t Blow Your Last Chance,” Continuing Legal Education Day, Hamline University School of Law (October 6, 2000)

“Birth Injury and the Law,” Trinity Health Symposium on Perinatal Medicine & Women’s Health Care (September 23, 1999) CHRIS MESSERLY, continued

SPEAKING ENGAGEMENTS “Confidentiality of Medical Records – How to (Cont.) Avoid Getting Sued,” Minnesota Institute of Legal Education (May 6, 1999)

“Improper Disclosure (Or Failure to Disclose) Medical Records- A Statutory Right to Recover Attorney’s Fees and Costs,” Minnesota Institute for Legal Education (May 6, 1999)

“Preparing and Presenting the Child Witness: The Trials and Tribulations of Representing Children,” American Association for Justice Winter Convention (January 23-27, 1999)

“Experts: Do You Really Need Them? If So, How to You Find Them and What Do You Do with Them?” Hamline University School of Law Alumni Day (March 6, 1998)

“Expert Witnesses, The Real Story – Practice Tips for Cross Examination of Experts,” Minnesota State Bar Association (February 13, 1998)

“Children in Civil Cases – The Trials And Tribulations of Representing Children: Who Is Your Client? Children in Civil Cases,” All District Legal Education (May 9, 1997)

“Medical Negligence – Direct Hospital Liability – The Newest Development in Negligent Credentialing,” Minnesota Trial Lawyers Association (February 7, 1997)

“The Fine Art of Representing Children – The Trials and Tribulations of Representing Children,” Robins, Kaplan, Miller & Ciresi L.L.P. Eighth Trial Advocacy Seminar (October 18, 1996)

“Insurance Coverage for the 21st Century – Sexual Misconduct: How Far Does the Clinic’s Coverage Extend?” Professional Legal Education Resource Center (June 11, 1996)

“What Are Medical Records? The Legal And Practical Aspects Of Obtaining And Using Medical Records,” Minnesota State Bar Association (October 19, 1995)

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SPEAKING ENGAGEMENTS “Unraveling the Mystery of Medical Records – (Cont.) What are Medical Records?” Minnesota State Bar Association (April 21, 1994)

“Maximizing Damages in Personal Injury Cases,” Minnesota Continuing Legal Education (January 27, 1993)

MEDIA APPEARANCES Chris has made several media appearances including:

The Today Show (NBC) Good Morning America (ABC) Dateline NBC NBC Nightly News CBS Early Show New York Times Court TV Fox News Channel With (CNN) Tonight (CNN) GMTV (England) ADR TV (Germany) VIVA! Magazine (Brazil)

And many other television shows and newspapers nationwide.

TESTIMONIALS Testimony of Linda McDougal to the U.S. Senate

RECOGNITION** Named to POWER 30 List, Minnesota Lawyer (2021)

International Barristers Cup Hall of Fame, Inductee (2019)

Named “Lawyer of the Year,” The Best Lawyers in America (2018 edition)

Named one of "America's Top 100 High Stakes Litigators" by America's Top 100 Attorneys (2017-2018)

Listed in “The Top 100 Verdicts of 2017,” The National Law Journal

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RECOGNITION (Cont.) Named to the “Circle of Excellence” by Minnesota Lawyer, honoring the multiple years the publication has named Chris an “Attorney of the Year” (2017)

“Attorney of the Year,” Minnesota Lawyer (2000, 2008, 2017)

Named a “Top Rated Lawyer in Mass Torts,” American Lawyer Media (2013)

Listed in The Best Lawyers in America (2012-2021 editions)

Named “Litigator of the Week,” by The AmLaw Litigation Daily (August 26, 2010)

Recipient of the National Law Journal “Pro Bono Award” (2010)

First recipient of the “Chris Messerly Community Service Award” from the Magnuson Chapter of the National Legal Fraternity, Phi Alpha Delta (2010)

Recipient of the “Arthur von Briesen Award,” National Legal Aid & Defender Association (2010)

Law360 “Pro Bono Firm of 2010” for representing clients in the I-35W bridge collapse case (2010)

“Everyday Hero Award,” Prevent Child Abuse Minnesota (2008)

Named a “Top 100 Minnesota Super Lawyer,” Super Lawyers (2003-2004, 2007, 2010-2021)

Named a “Minnesota Super Lawyer,” Super Lawyers (2000-2021)

“Professional Excellence Award,” from the Minnesota State Bar Association (2009)

Named a “Litigation Star,” Benchmark Litigation (2011-2017, 2019-2021 editions)

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RECOGNITION (Cont.) Recipient of the “Pro Bono Award” from the American Association for Justice for securing a bridge fund for the victims, as well as assisting the investigation into the cause of the 35W Bridge Collapse (2009)

“Excellence Award,” Minnesota Trial Lawyers Association (1998-1999)

“Member of the Year,” Minnesota Association for Justice (2000-2001, 2008-2009)

Recognized as one of “One Hundred and Fifty Lives That Make a Difference,” Hamline University Press (2005)

“Distinguished Alumni Award,” Hamline University School of Law (2000)

** Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

CIVIC ASSOCIATIONS Hamline University School of Law Alumni Association, Past President

Ramsey County Bar Association hockey team, Captain

Southern Minnesota Regional Legal Services, Captain of hockey team in “Lawyers on Ice” to help raise money for legal aid.

Hamline University School of Law Advisory Committee, Former Board Member

Hamline University School of Law, Health Law Advisory Committee, Former Board Member

National Institute of Trial Advocacy, William Mitchell College of Law, Robins, Kaplan, Miller & Ciresi L.L.P., Past Instructor

Snail Lake Elementary School Mock Trial Program, Former Instructor

Mounds View School District Advisory Committee, Former Chair

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CIVIC ASSOCIATIONS Mounds View Youth Hockey Association, Former (Cont.) Coach

Mounds View High School Varsity and Junior Varsity Girls Hockey Teams, Coach (2001-2002)

Shoreview Youth Baseball Association, Former Coach

North Metro Junior Football Association, Former Coach

USA Hockey Coaching Education Program, Certified Coach (Advanced: Level 3)

Minnesota Wild Senior Hockey League, Captain

Minnesota Street Rod Association

Incarnation Lutheran Church, Shoreview, Minnesota

Ironman Triathlete (Ironman 140.6 St. George 2010; Great Floridian 140.6 Triathlon 2008)

Twin Cities Marathon (1984-present)

USA Hockey, Member

USA Triathlon, Member

EDUCATION Hamline University School of Law, J.D., with honors (St. Paul, Minnesota, 1986)

Bowdoin College, B.A. (Brunswick, Maine, 1981)

Mounds View High School (Arden Hills, Minnesota, 1977)

Certified in Basic Life Support for Healthcare Providers by the American Red Cross (2016)

PADI Open Water (Diving) Certification (2015)

Skip Barber Racing School, Graduate (1998)

Skip Barber Driving School, Graduate (1998)