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Torts Keyed to Prosser
Clarke v. Oregon Health Sciences University
Facts
The son of the Plaintiff Clarke family underwent surgery at Defendant Oregon Health Sciences University (OHSU) hospital for repair of a congenital heart defect. Due to negligence of OHSU employees, the boy suffered brain damage from prolonged oxygen deprivation and became permanently disabled. His guardian sought $17 million in damages from OHSU and its employees. The individual employees sought dismissal based on a provision in the Oregon Tort Claims Statute that makes the remedy against the state exclusive. Plaintiff challenged the constitutionality of the statute based on the $200,000 damages cap applicable to tort actions against the state. The trial court, therefore, granted a $200,000 damage award and the court of appeals affirmed the judgment, but reversed it against the individual defendants, finding that the exclusive remedy provision violated the Oregon Constitution.
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