Rodney Norton is a senior medical malpractice trial attorney, and has tried more than 125 jury trials in state and federal courts, including jury trials in the majority of trial courts in Oregon, as well as trial courts in Alaska and California. His trials have included numerous “wrongful” death and catastrophic injury cases, as well as large numbers of severe injury cases ranging from complex surgical complications to brain injuries to alleged delayed diagnosis of cancer. He has also represented medical, dental, and nursing professionals in arbitrations, mediations, and regulatory matters too numerous to list. He is a frequent invited lecturer to health care organizations and professional groups on malpractice issues and trial practice.
Rod began his legal career in 1977 as an Assistant Attorney General in the Trial Division of the Oregon Department of Justice. His early litigation years were spent defending the State of Oregon in a wide variety of trials involving personal injury, civil rights, and complex litigation throughout the State of Oregon. The range of trial issues included claims against the State involving alleged use of excess force or false arrest by State Troopers, alleged failure to prevent child abuse of children who were wards of the State, car crashes involving cars driven by public employees, car crashes because of missing stop signs or icy roads or highway construction/design, injuries and deaths from accidents at State parks, and so on.
Rod became Trial Counsel for the Oregon Health & Science University in 1980. He was OHSU’s trial attorney from 1980 through 2002 with exclusive responsibility for trial defense of all medical, nursing, and dental malpractice claims and lawsuits against the University and its faculty and students during those two decades. The Oregon Health & Science University is Oregon’s only academic medical center.
Rod joined Hart Wagner, LLP in July of 2002. He became a partner shortly afterwards, and quickly developed an active trial practice. He continues to represent the Oregon Health & Science University in medical and dental malpractice lawsuits. He now also represents a host of other hospitals, clinics, physicians and dentists in Oregon, including, as examples, physicians insured by CNA and The Doctors’ Company, clinics such as The Oregon Clinic and The Portland Clinic, as well as hospitals such as Adventist Health, Tuality Hospital, and Kaiser Foundation. He also represents Rite Aid pharmacies in pharmacy litigation and has also developed a practice defending food-borne illness cases. He has also been retained by the State of Oregon Department of Justice to represent various medical professionals in complex civil rights cases involving medical issues, and is a Special Assistant Attorney General.
When he isn’t practicing law, Rod spends as much time as possible in and around water. He is a whitewater rafter who is often referred to as Big Water by his friends because of his love for huge river rapids. He has rafted most of the rivers in the Pacific Northwest and has led private groups down the Colorado River through the Grand Canyon on three different multi-week trips. Although it is a more sedate sport, he has also recently developed a passion for standup paddling on local lakes and rivers. Rod also loves to sail, and he can be found as much as time permits on Northern Star, his navy blue Sabre 426 sailboat, in Puget Sound, leeward rail buried, sails trimmed and full, grinning from ear to ear.
Practice Emphasis
Trial lawyer Medical and dental malpractice defense Representation of professionals before professional licensing boards, including OBME, OBD, and OBN
Education
- Willamette University College of Law
J.D. cum laude, 1977 - Washington State University
B.S., Phi Beta Kapa, 1974
Professional Associations & Appointments
Oregon State Bar Litigation, Health Law sections
Defense Research Institute, Medical Liability Section
Oregon Association of Defense Counsel
American Inns of Court, Master
Adjunct Professor, Trial Practice, Willamette University College of Law
Significant Cases
- Brogdon v Miles Laboratories, OHSU, et al:
Successfully defended hemophilia center in five week federal jury trial in which hemophilia patient sought $20 million as a result of contracting AIDS from hemophilia concentrate. - Blake v PAMC:
Successfully defended hospital in two week wrongful death jury trial in which plaintiff alleged that infant died from negligent failure to diagnose meningioccemia in emergency department. - Wiles v OHSU:
Successfully defended medical center and physicians in five week jury trial in which plaintiff claimed that overdose of sedative caused acceleration and exacerbation of genetic condition of adrenaleuko-dystrophy. - Beerbower v OHSU:
Established legal principle that parents are not entitled to recover general damages for loss of society and companionship as a result of injuries to minor children. - Krummacher v Cupp:
Defended post-conviction relief case in trial court and before the Oregon Supreme Court that established the definitive yardstick for judicial review of the constitutional standard care required of defense counsel in criminal cases in Oregon. - Ambriz-Hernandez v Hicks:
Successfully defended a week-long dental malpractice lawsuit in which a dental patient developed severe infection following two third molar extractions and required surgeries and nine day hospitalization. Defense verdict was returned after only 35 minutes of jury deliberation. - Rex v Portland Adventist Medical Center:
Successfully defended a week long trial in which liability was admitted for mistake in administering iodinated contrast solution to a patient who had informed staff that she was allergic to iodine. Jury returned a defense verdict in favor of PAMC, and awarded no damages despite admitted liability and admitted iodine reaction. - Gill v State of Oregon, et al:
Currently appointed as a Special Assistant Attorney General and retained to defend the Oregon Department of Corrections against an action filed in US District Court in which eleven inmates seek civil rights relief upon claims that they have been denied appropriate treatment for Hepatitis C. - Sherman v Oregon State University, et al:
Currently appointed as a Special Assistant Attorney General to defend college professor against lawsuit involving claims of sexual harassment.
Admitted to Practice
Oregon State Courts, 1977
US District Court: District of Oregon, 1977
District of Alaska, 1989
District of Wisconsin, 2001