Orthopedic Surgeon Wins $290K Verdict Against Sanford Health for Sending Unauthorized Letter to Patients

FARGO — Dr. Matthew Friederichs, an orthopedic surgeon, has won a nearly $290,000 verdict against Sanford Health after a jury found the health system violated state and federal law by sending an unauthorized letter to his patients. The decision came on Friday, Sept. 6, following a two-week civil trial in U.S. District Court.

Friederichs, who resigned from Sanford in November 2021 after nearly two decades of service, filed a federal lawsuit against the healthcare giant, accusing it of misrepresentation and fraud. The case stemmed from a letter sent by Sanford to over 2,300 of Friederichs’ patients, falsely appearing to be written and signed by him. The letter informed patients of his departure, encouraged them to schedule appointments with other surgeons at Sanford, and falsely expressed his “mixed emotions” about leaving.

In reality, Friederichs had not written, signed, or authorized the letter and was unaware it had been sent. Friederichs’ attorneys argued that the letter confused his longtime patients and misled them into believing that he no longer wished to treat them. The lawsuit cited violations of North Dakota’s Unlawful Sales or Advertising Practices Act and the federal Lanham Act, which protects against false advertising.

During the trial, Sanford Health acknowledged the letter as a mistake but argued that a corrective letter sent over a month later addressed the issue. However, the jury sided with Friederichs, awarding him nearly $50,000 in compensatory damages and an additional $240,000 in punitive damages, citing “oppression, fraud, or actual malice” in Sanford’s actions.

“This case was never about the money. It was about the fact that Sanford tried to trick my patients into staying at Sanford using deceptive practices,” Friederichs said in a statement following the verdict. He also noted that Sanford has since changed its departing physician policy to prevent similar incidents in the future.

Sanford Health expressed disagreement with the verdict but stated they respect the jury’s decision.

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