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OHSU settles malpractice cases
Sunday, September 28, 2008 | No comments posted.
PORTLAND (AP) — A federal judge said Friday that Oregon Health & Science University has settled six medical malpractice cases for $38.5 million after the Oregon Supreme Court lifted the cap on liability claims.
U.S. District Judge Michael Hogan said the settlements included $9.3 million to the family of Jordaan Clarke, a boy who suffered permanent brain damage because of a mistake made at OHSU.
The $200,000 liability cap for state agencies that had protected the hospital from paying out large malpractice claims was lifted last December as a result of the Clarke family lawsuit.
“This has been a long and difficult process,” said Jordaan’s mother, Sari Clarke Lopez, in a statement released with the settlement announcement.
“While no amount of money will give our children back their normal, healthy lives, knowing that the funds are there to provide the specialty care they will now need does give us peace of mind,” Clarke Lopez said.
Hogan also mediated a lawsuit that OHSU filed against its insurance company, Washington Casualty, which agreed to cover $21.35 million of the settlement costs.
The settlement also will pay $11.8 million to the family of Christian Wright and $8.3 million to the family of Adam Christopherson.
Wright underwent surgery in March 1999 at the age of 7 months to remove an abnormal growth from his nose that extended into his brain. He suffered significant brain damage due to an infection following surgery that was not identified before he was released from the hospital.
Christopherson was 22 when he underwent surgery at OHSU in September 1999 to control epileptic seizures. But a portion of his brain was inadvertently removed, resulting in paralysis and blindness.
Details about the smaller settlements for the three other cases were not disclosed.
OHSU officials said in a statement released with the settlements that all six cases were rare and involved unusual circumstances.
The hospital said its safety record is excellent, noting that it treated nearly 600,000 patients in its 2007 fiscal year with only 80 liability claims.
Earlier this month, the Oregon Trial Lawyers Association reached an agreement with OHSU on a proposal for a new liability cap on lawsuits against state agencies.
Their recommendation to the 2009 Legislature would set the liability cap at $1.5 million, followed by increases of $100,000 a year for five years to $2 million.
U.S. District Judge Michael Hogan said the settlements included $9.3 million to the family of Jordaan Clarke, a boy who suffered permanent brain damage because of a mistake made at OHSU.
The $200,000 liability cap for state agencies that had protected the hospital from paying out large malpractice claims was lifted last December as a result of the Clarke family lawsuit.
“This has been a long and difficult process,” said Jordaan’s mother, Sari Clarke Lopez, in a statement released with the settlement announcement.
“While no amount of money will give our children back their normal, healthy lives, knowing that the funds are there to provide the specialty care they will now need does give us peace of mind,” Clarke Lopez said.
Hogan also mediated a lawsuit that OHSU filed against its insurance company, Washington Casualty, which agreed to cover $21.35 million of the settlement costs.
The settlement also will pay $11.8 million to the family of Christian Wright and $8.3 million to the family of Adam Christopherson.
Wright underwent surgery in March 1999 at the age of 7 months to remove an abnormal growth from his nose that extended into his brain. He suffered significant brain damage due to an infection following surgery that was not identified before he was released from the hospital.
Christopherson was 22 when he underwent surgery at OHSU in September 1999 to control epileptic seizures. But a portion of his brain was inadvertently removed, resulting in paralysis and blindness.
Details about the smaller settlements for the three other cases were not disclosed.
OHSU officials said in a statement released with the settlements that all six cases were rare and involved unusual circumstances.
The hospital said its safety record is excellent, noting that it treated nearly 600,000 patients in its 2007 fiscal year with only 80 liability claims.
Earlier this month, the Oregon Trial Lawyers Association reached an agreement with OHSU on a proposal for a new liability cap on lawsuits against state agencies.
Their recommendation to the 2009 Legislature would set the liability cap at $1.5 million, followed by increases of $100,000 a year for five years to $2 million.
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