This case was last updated from U.S. District Courts on 03/14/2022 at 07:29:21 (UTC).

Salier et al v. Walmart, Inc. et al

Case Summary

On January 13, 2022, William Salier and Karla Salier, (“Plaintiffs”), represented by Marjorie J. Holsten of Marjorie J. Holsten, filed a contract lawsuit against Walmart, Inc. (hereinafter, “Walmart”) and Hy-Vee, Inc., (collectively “Defendants”), seeking compensatory and punitive damages for allegedly denying patients life-saving medicine, and forcing them to take horse paste to save their lives. This case was filed in the U.S. District Court in the District of Minnesota.

 

In the complaint Plaintiffs alleged that, “On October 1, 2021, William Salier began to feel sick. Like any reasonable citizen, he obtained a COVID-19 test, which revealed that he was sick with COVID-19. As a former Marine and farmer who has always cared for himself physically, William Salier quarantined himself for what he assumed would be a quick recovery. COVID-19, however, had different plans. Within a few days, William Salier found himself bed-ridden. He lost all sense of taste or smell, and he quickly began to experience severe shortness of breath. As his condition steadily worsened, William and Karla Salier began to seek treatment. They applied for monoclonal antibody treatments through the Minnesota Resource Allocation Platform, but their requests went unanswered.”

 

Plaintiffs further alleged that, “After further research and significant persistence, the Saliers obtained a telehealth appointment with Dr. Mollie James. Dr. James quickly realized that William’s condition was extremely serious and that he was on the verge of requiring intensive care unit treatment, which would leave him with less than a 50% chance of survival, unless he received effective treatment immediately. She wrote William a prescription for several treatments including Ivermectin, and she sent it to the Walmart pharmacy in Albert Lea, Minnesota. Walmart’s pharmacist called Karla Salier to inform her that Walmart refused to fill Dr. James’ prescription of Ivermectin, stating that it was not appropriate to treat COVID-19 patients with it. Karla Salier informed him that her husband was seriously ill and pleaded with him to fill the prescription according to their doctor’s orders and he again refused to fill the prescription.”

 

Plaintiff also alleged that, “After calculating the appropriate dosage according to the guidance that Dr. James gave them, Salier and his wife mixed the dosage of horse paste into dishes of apple sauce and consumed it in multiple doses just as they would consume a regular medication. Within 24 hours of regularly consuming Ivermectin horse paste, Salier and his wife noticed a rapid and significant improvement in their conditions. After a week of consistently self-treating themselves with Ivermectin horse paste, both had recovered sufficiently to resume their normal activities with some moderate limitations. After two weeks, both had resumed their normal lives. Neither William or Karla Salier experienced any negative health problems from Dr. James’ prescriptions.”

 

There are twelve claims for relief laid down by Plaintiffs. All claims deal with violation of Plaintiff's common law right to self determination, intentional infliction of emotional distress on Plaintiffs, and tortious interference with contractual relations on behalf of Plaintiffs caused by Defendants. 

 

In their prayer for relief Plaintiffs have requested the court for compensatory damages, punitive damages, costs, attorneys’ fees, and such other relief as the court deems fair and equitable.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    0:22-CV-00082

  • Filing Date:

    01/13/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Patrick J. Schiltz

Referral Judge

Elizabeth Cowan Wright

 

Party Details

Plaintiffs

William Salier

Karla Salier

Defendants

Walmart, Inc.

Hy-Vee, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Marjorie J Holsten

Attorney at Holsten Law Office

8525 Edinbrook Crossing, Suite 210

Brooklyn Park, MN 55443

Cameron Lee Atkinson

Attorney at Pattis & Smith, LLC

383 Orange Street

New Haven, CT 06511

Defendant Attorneys

Kristin K Zinsmaster

Attorney at Jones Day

90 South Seventh Street, Suite 4950

Minneapolis, MN 55402

Matthew J Rubenstein

Attorney at Jones Day

90 South Seventh Street, Suite 4950

Minneapolis, MN 55402

Andrew B Brantingham

Attorney at Dorsey & Whitney LLP

50 S 6Th St Ste 1500

Mpls, MN 55402-1498

Donna Reuter

Attorney at Dorsey & Whitney LLP

50 South Sixth Street, Suite 1500

Minneapolis, MN 55402-1498

Stephen P Lucke

Attorney at Dorsey & Whitney LLP

50 S. 6Th St., Suite 1500

Minneapolis, MN 55402-1498

 

Court Documents

#15

(#15) NOTICE of Appearance by Matthew J Rubenstein on behalf of Walmart, Inc.. (Rubenstein, Matthew) (Entered: 02/16/2022)

#14

(#14) NOTICE of Appearance by Kristin K Zinsmaster on behalf of Walmart, Inc.. (Zinsmaster, Kristin) (Entered: 02/16/2022)

#13

(#13) WAIVER OF SERVICE Returned Executed filed by William Salier, Karla Salier. Walmart, Inc. waiver sent on 2/4/2022, answer due 4/5/2022. (Atkinson, Cameron) Modified text on 2/16/2022 (KDS). (Entered: 02/15/2022)

#12

(#12) WAIVER OF SERVICE Returned Executed filed by William Salier, Karla Salier. Hy-Vee, Inc. waiver sent on 2/4/2022, answer due 4/5/2022. (Atkinson, Cameron) (Entered: 02/15/2022)

#11

(#11) NOTICE of Appearance by Andrew B Brantingham on behalf of Hy-Vee, Inc.. (Brantingham, Andrew) (Entered: 02/14/2022)

#10

(#10) NOTICE of Appearance by Stephen P Lucke on behalf of Hy-Vee, Inc.. (Lucke, Stephen) (Entered: 02/14/2022)

9 #1

Exhibit(s) A

9 #9

Main Document

#7

(#7) ORDER/NOTICE TO ATTORNEY. IT IS ORDERED THAT on or before February 3, 2022, Plaintiffs must file an amended complaint that rectifies the deficiencies described above in relation to diversity jurisdiction. If they fail to do so, the Court will recommend dismissal for lack of subject matter jurisdiction. Signed by Magistrate Judge Elizabeth Cowan Wright on 1/20/2022.(TMA) (Entered: 01/20/2022)

#6

(#6) Summons Issued as to Hy-Vee, Inc., Walmart, Inc. (lmb) (Entered: 01/14/2022)

#4

(#4) MOTION for Admission Pro Hac Vice for Attorney Cameron L. Atkinson. Filing fee $ 100, receipt number AMNDC-9265982 filed by Karla Salier, William Salier. (Holsten, Marjorie) (Entered: 01/13/2022)

#3

(#3) DOCUMENT FILED IN ERROR - MOTION for Admission Pro Hac Vice for Attorney Norman A. Pattis. Filing fee $ 100, receipt number AMNDC-9265973 filed by Karla Salier, William Salier. (Holsten, Marjorie) Modified text on 1/19/2022 (ABR). (Entered: 01/13/2022)

2 #2

Civil Cover Sheet

2 #1

Exhibit(s) A

#2

(#2) COMPLAINT against Hy-Vee, Inc., Walmart, Inc. (filing fee $ 402, receipt number AMNDC-9265965) filed by William Salier, Karla Salier. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet) (Holsten, Marjorie) (Entered: 01/13/2022)

#1

(#1) NOTICE of Appearance by Marjorie J Holsten on behalf of All Plaintiffs. (Holsten, Marjorie) (Entered: 01/13/2022)

6 More Documents Available
View All Documents

 

Docket Entries

  • 02/16/2022
  • View Court Documents
  • Docket(#15) NOTICE of Appearance by Matthew J Rubenstein on behalf of Walmart, Inc.. (Rubenstein, Matthew) (Entered: 02/16/2022)

    Read MoreRead Less
  • 02/16/2022
  • View Court Documents
  • Docket(#14) NOTICE of Appearance by Kristin K Zinsmaster on behalf of Walmart, Inc.. (Zinsmaster, Kristin) (Entered: 02/16/2022)

    Read MoreRead Less
  • 02/15/2022
  • View Court Documents
  • Docket(#13) WAIVER OF SERVICE Returned Executed filed by William Salier, Karla Salier. Walmart, Inc. waiver sent on 2/4/2022, answer due 4/5/2022. (Atkinson, Cameron) Modified text on 2/16/2022 (KDS). (Entered: 02/15/2022)

    Read MoreRead Less
  • 02/15/2022
  • View Court Documents
  • Docket(#12) WAIVER OF SERVICE Returned Executed filed by William Salier, Karla Salier. Hy-Vee, Inc. waiver sent on 2/4/2022, answer due 4/5/2022. (Atkinson, Cameron) (Entered: 02/15/2022)

    Read MoreRead Less
  • 02/14/2022
  • View Court Documents
  • Docket(#11) NOTICE of Appearance by Andrew B Brantingham on behalf of Hy-Vee, Inc.. (Brantingham, Andrew) (Entered: 02/14/2022)

    Read MoreRead Less
  • 02/14/2022
  • View Court Documents
  • Docket(#10) NOTICE of Appearance by Stephen P Lucke on behalf of Hy-Vee, Inc.. (Lucke, Stephen) (Entered: 02/14/2022)

    Read MoreRead Less
  • 02/03/2022
  • View Court Documents
  • Docket(#9) AMENDED COMPLAINT against Hy-Vee, Inc., Walmart, Inc.. filed by William Salier, Karla Salier. No summons requested. (Attachments: #1 Exhibit(s) A) (Atkinson, Cameron) (Entered: 02/03/2022)

    Read MoreRead Less
  • 01/21/2022
  • View Court Documents
  • Docket(#8) (Text-Only) ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney Cameron Lee Atkinson for Karla Salier and for William Salier. Approved by Magistrate Judge Elizabeth Cowan Wright on 1/21/2022. (ABR) (Entered: 01/21/2022)

    Read MoreRead Less
  • 01/20/2022
  • View Court Documents
  • Docket(#7) ORDER/NOTICE TO ATTORNEY. IT IS ORDERED THAT on or before February 3, 2022, Plaintiffs must file an amended complaint that rectifies the deficiencies described above in relation to diversity jurisdiction. If they fail to do so, the Court will recommend dismissal for lack of subject matter jurisdiction. Signed by Magistrate Judge Elizabeth Cowan Wright on 1/20/2022.(TMA) (Entered: 01/20/2022)

    Read MoreRead Less
  • 01/14/2022
  • View Court Documents
  • Docket(#6) Summons Issued as to Hy-Vee, Inc., Walmart, Inc. (lmb) (Entered: 01/14/2022)

    Read MoreRead Less
  • 01/14/2022
  • Docket(#5) (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Patrick J. Schiltz per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 22-cv-82 PJS/ECW. (lmb) (Entered: 01/14/2022)

    Read MoreRead Less
  • 01/13/2022
  • View Court Documents
  • Docket(#4) MOTION for Admission Pro Hac Vice for Attorney Cameron L. Atkinson. Filing fee $ 100, receipt number AMNDC-9265982 filed by Karla Salier, William Salier. (Holsten, Marjorie) (Entered: 01/13/2022)

    Read MoreRead Less
  • 01/13/2022
  • View Court Documents
  • Docket(#3) DOCUMENT FILED IN ERROR - MOTION for Admission Pro Hac Vice for Attorney Norman A. Pattis. Filing fee $ 100, receipt number AMNDC-9265973 filed by Karla Salier, William Salier. (Holsten, Marjorie) Modified text on 1/19/2022 (ABR). (Entered: 01/13/2022)

    Read MoreRead Less
  • 01/13/2022
  • View Court Documents
  • Docket(#2) COMPLAINT against Hy-Vee, Inc., Walmart, Inc. (filing fee $ 402, receipt number AMNDC-9265965) filed by William Salier, Karla Salier. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet) (Holsten, Marjorie) (Entered: 01/13/2022)

    Read MoreRead Less
  • 01/13/2022
  • View Court Documents
  • Docket(#1) NOTICE of Appearance by Marjorie J Holsten on behalf of All Plaintiffs. (Holsten, Marjorie) (Entered: 01/13/2022)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Hy-Vee, Inc. is a litigant

Latest cases where WALMART is a litigant

Latest cases represented by Lawyer Andrew B Brantingham

Latest cases represented by Lawyer Stephen P Lucke