The Oregon Supreme Court voted 5-2 to uphold a $3 million cap on damages injured people can collect in lawsuits against the state or its employees.
The case was brought by a Klamath Falls couple who sued OHSU after a botched surgery in 2009 nearly killed their 9-month-old son. A Portland jury awarded the child more than $12 million, but the early May ruling means he’ll only get $3 million.
Family attorney David Miller said the boy’s mother is devastated by the ruling.
The Portland jury found the boy’s past and future medical expenses would hit $6 million, and he deserved the rest for pain and suffering.
The cap established by the Legislature is intended to protect cities, school districts and other taxpayer-supported organizations from massive payouts.
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