Oregon Supreme Court limits damages in lawsuits against state

PORTLAND – 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 Thursday’s ruling means he’ll only get $3 million.

Family attorney David Miller told the Oregonian/Oregonlive.com that 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.