Jury finds negligence, but no damages, in lawsuit against Columbia Memorial Hospital
Published 5:00 pm Sunday, March 24, 2024
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PORTLAND — A jury has found that Columbia Memorial Hospital was negligent during the delivery of a baby in 2017, but the negligence was not the cause of the child’s permanent neurological damage.
Wesley Humphries, of Astoria, sought over $47 million in economic damages and $65 million in noneconomic damages from the Astoria hospital on behalf of his son, who faces severe disabilities for the rest of his life.
The verdict, issued Thursday in Multnomah County Circuit Court, followed a three-week trial.
Attorneys for Humphries alleged the hospital failed to properly monitor fetal heart rate during the delivery, resulting in a lack of oxygen flow to the brain and permanent hypoxic injury.
External electronic fetal monitoring should be accomplished when fetal stress is observable, suspected or potential in order to obtain a continuous readout, Humphries’ attorneys argued.
“That was not continuous under any stretch of the imagination,” William Barton, an attorney for Humphries, said at the trial. “And that’s what the rule is from this institution. And why do they have this rule? To facilitate early detection of fetal heart rate abnormality.”
Attorneys for Columbia Memorial maintained that the injury could have taken place before labor was induced, and that there was no way to prove hypoxia was a result of conduct during labor and birth.
Joe Farchione, an attorney for the hospital, told the jury that hospital staff had been careful, diligent and skillful when providing care.
“Unfortunately, there was nothing they did or could have done that would have avoided this injury,” he said.
The jury deliberated after hearing closing arguments on Tuesday. At one point, jurors asked about language on the verdict form, seeking clarification on the question of whether the hospital’s negligence was “a” cause of damages or “the” cause of damages.
The verdict form was amended to reflect that the jury would decide whether negligence was the cause of damages.
“We’re obviously disappointed in the outcome,” Brent Barton, an attorney for Humphries, said after the verdict. “But we respect the jury process.”
Erik Thorsen, the CEO of Columbia Memorial, issued a statement on behalf of the hospital. “Our hearts go out to the Humphries family for all they’ve experienced over the past several years,” he said. “The jury in this case found that our providers provided appropriate medical care to the patient. We appreciate the dedication of our caregiving team and will continue our mission to offer safe, quality care to the residents of the North Coast.”