Oregon Court Of Appeals Affirms Hart Wagner Trial Win
On September 11, the Oregon Court of Appeals affirmed the defense jury verdict in Gardner v. OHSU 299 Or App 280 (2019). Appellate attorney Janet Schroer handled the appeal for OHSU and its treating psychiatrist. Trial attorney Rod Norton’s defense verdict in this medical malpractice case was based on a jury verdict finding the plaintiff’s decedent was 58% at fault. Plaintiff asserted wrongful death claims against OHSU and plaintiff’s mental health providers, alleging their outpatient treatment was responsible for decedent’s suicide. The appellate court held there is no per se rule against comparative fault in cases involving outpatient suicide and upheld the jury’s finding of fault.