Today, the Oregon Supreme Court ruled that caps on non-economic damages in wrongful death claims do not violate the Oregon constitution. In Hughes v. PeaceHealth, the Court declined to find the caps unconstitutional. Here is the link for the opinion: http://www.publications.ojd.state.or.us/S053447.htm.

Justice Walters’ dissenting opinion features one of the most eloquent descriptions of the jury system that I have ever read. It bears quoting here, as her prose is as brilliant as her analysis:

“The 12 in whom our constitution places its trust are the 12 who hear each word spoken from the stand, and the silences between. They are the 12 whose eyes watch others’ eyes and take their measure. By their absence, legislators cannot fill that role. Legislators may decide the categories of harm the state should address and the categories of persons who may bring claims in courts of law. But only jurors can shake right out from wrong for individual human beings and do them justice. ”

For those keeping score at home, the outcome is a bit hard to fathom. As to general injury cases, the Oregon legislature cannot place caps on the damages recoverable by injured consumers because those caps run afoul of the Oregon constitution. Ironically, if the injured consumer dies from the injuries, the recovery may be capped.

Go figure.

David F. Sugerman

I have to say that Steve Duin’s column in today’s Oregonian (24 January 2008) is a breath of fresh air. Here is the link: www.oregonlive.com/news/oregonian/steve_duin/index.ssf?/base/news/1201137918314500.xml&coll=7&thispage=1

The back story is that the Oregon Supreme Court ruled recently that Oregon Health Sciences cannot cap a child’s damages at $200,000 when OHSU’s negligent treatment causes profound brain damage.

Rather than take responsibility, OHSU started up the scare machine. We were treated to a parade of horribles. OHSU will be forced to limit or cut care, it will be closing clinics, and it will be laying off many people all because of–they claimed–Jordaan Clarke.

Steve Duin’s column debunks the myth. I mean, for crying out loud, can you say, “Aerial tram”? And don’t even get me started on the OHSU waterfront developments. Or how about the recent loss of the biotech research group to Florida? The reality is that OHSU hides from public scrutiny by claiming to be private and hides from market reality by claiming to be public.

The best part of Steve Duin’s article is this quote from Sen. Walker (Eugene): “They’ve finally found a way for people to overlook years of financial mismanagement,” state Sen. Vicki Walker, D-Eugene said, “and it’s Jordaan Michael Clarke. It’s a great PR move, but it’s ridiculous. And it’s a snow job.”

Couldn’t agree with her more.

David F. Sugerman