On May 5, 2016, the Oregon Supreme issued its decision in Horton vs OHSU. Horton involved medical negligence that occurred when doctors were performing surgery on a 6 month old to remove a liver tumor. During the surgery, the doctor cut blood vessels leading to the liver. This resulted in the child needing a liver transplant. Plaintiff’s medical bills totaled about $5 million. The jury returned a verdict against OHSU and the doctor in favor of the Plaintiff for $12 million. This verdict was reduced to $3 million because of the Oregon Tort Claims Act which limits the amount of damages that can be awarded against a public body. The trial court entered judgment against the doctor for the full amount of the verdict based on the finding that the doctor was not covered by the Oregon Tort Claims Act. The Oregon Supreme Court held that the cap on plaintiff’s damages did not violate the Oregon Constitution and that the cap also applied to the doctor. The case was sent back to the trial court to apply the decision. This case is troubling because it could limit damages to plaintiff’s on all personal injury cases. In the Horton case, the court acknowledged that reducing the award did not cover plaintiff’s medical bills but still held that the damage cap applied. Oregon plaintiff lawyers are undertaking substantial efforts to limit the potential effects of the Horton decision. The issue is not settled and there will be continued efforts to ensure that plaintiffs are awarded and are allowed to collect the damages a jury awards them.
