Articles Posted in Wrongful Death

An Oregon state report has raised questions about the conduct of state officials prior to the death of a Eugene teenager.

15 year old Jeanette Maples was killed December 9, according to an Associated Press report republished by TV station KMTR. Her parents have been charged with aggravated murder (they have pleaded not guilty). In the wake of the incident state officials began investigating whether their agencies failed to act in a timely manner that might have prevented the teen’s death. This week’s report by the Oregon Department of Human Services is critical of the state agency’s conduct. AP reports the document says Maples’ case “was not adequately investigated or referred for assessment despite four separate calls alleging abuse and neglect over four years.”

Though Maples’ parents are already facing criminal charges in connection with her death, the report raises the possible of additional legal sanctions against the state or its officials if they are found negligent in connection with an Oregon wrongful death.

A fascinating column in the November issue of Consumer Reports magazine offered a frank call for more openness in medicine. Dr. John Santa, an internist who also directs the magazine’s Health Ratings Center, wrote: “Until our health care system gets its act together, patients and their families will have to be constructively assertive to get to the bottom of any mishaps.”

The reason for this, Dr. Santa writes, is that American medicine has developed a professional culture that is very reluctant to acknowledge error. Doctors and nurses fear professional consequences. Administrators, in turn, fear that publicizing mistakes will make medical professionals even more reluctant to report them. Ultimately, the real losers, he writes, are patients, who “deserve to know what happened and that the doctor or hospital is trying to rectify the situation.”

Dr. Santa also offers a series of helpful, common sense suggestions for patients, among them: “Enlist family members to keep track of your care” and “Know what medicine you’re taking and tell your doctor or nurse if you don’t recognize what you’re given.”

The City of Portland has hired an outside audit and investigative group to look into the police department’s handling of the 2006 death in custody of James P. Chasse Jr, according to a recent article in The Oregonian.

Chasse died of what the newspaper describes as “broad-based blunt-force trauma to the chest”, including 26 breaks to his ribs. An initial investigation by Portland’s police chief found that only one officer had violated department policy in relation to Chasse. A later investigation by the police commissioner ordered a two-week suspension for two officers. Last October, however, the city auditor ordered a further investigation. The city will now hire a California firm that specializes in cases like this to review all aspects of the department’s conduct relating to Chasse and his death.

Cases like Chasse’s raise the issue of Portland wrongful death. The mere fact that someone has been taken into police custody does not give law enforcement officials the right to mistreat them, or to sweep Oregon mistreatment under the rug if it occurs.

Following up a story I blogged about last month (see my October 22 entry), developments in the Oregon shooting death of Portland hunter Frank Means have led his family to announce that they will initiate an Oregon wrongful death claim against his killers.

Means was found shot to death near the town of Fossil, along the John Day River, on October 8. The Oregon State Police became involved in the investigation after Means’ widow criticized the conduct of the local sheriff’s office. Investigators eventually concluded Means’ death was the result of a dispute with other hunters. According to a report in The Oregonian Means, who had been drinking (an autopsy put his blood alcohol level at 0.24 percent), believed another hunting party was attempting to steal a deer he had shot. Means threatened the other hunters with a handgun, shot back when they attempted to disarm him, and was then killed by gunshots from at least two of the other hunters. Last week, a Wheeler County grand jury refused to hand down charges against Means’ killers, ruling that they acted in self-defense.

Oregon Public Broadcasting reported afterwards that Means’ widow was “devastated” by the news and has hired an Oregon wrongful death attorney, intending to file a civil Oregon wrongful death lawsuit. “I just can’t understand that when somebody is shot five times that a grand jury could find that it was justified,” Jackie Means told OPB. “My husband was a wonderful guy, and he may have been drunk out there, but he was in his own campsite. I am having a real difficult time with this.”

Oregon State Police are reopening their investigation into the Salem Hospital Death last week of a patient at the Oregon State Hospital. Moises Perez, 42, was found dead in his bed earlier this month, according to a report in the Salem Statesman-Journal.

A county medical examiner initially ruled that Perez’s Oregon hospital death was from natural causes, but late last week the authorities announced they would be revisiting the issue. “We are going to look at it a little bit more and make sure that we haven’t missed anything,” a state police spokesman told the Statesman-Journal. The spokesman added that the move is “not necessarily that uncommon,” but the paper noted it came only in the wake of pressure from mental health advocates and some hospital patients around the state.

Though Perez was a convicted criminal – he had been confined at the state mental hospital since 1995 when he was convicted of murder but judged insane – the Oregon hospital death raises questions about conditions and treatment that are unrelated to the crimes that had landed Perez in a mental institution. Patient advocates expressed satisfaction with the state’s decision to reopen the case.

Oregon State Police have joined the investigation of the mysterious Wheeler County hunting death of a Portland hunter. The family of Frank Means, 61, has been critical of the Wheeler County sheriff’s office and its handling of the incident. Police officials have released relatively little information, leaving it unclear whether Means’ demise was an Oregon wrongful death, an accident or something else.

According to The Oregonian the three-man Wheeler County Sheriff’s Office initially declined an offer of help from the state police. After reversing that decision, the sheriff’s office will remain the lead agency on the investigation, but will now receive assistance in the form of extra investigators as well as forensic and medical examiner services. The paper quoted Means’ widow, who had been critical of the conduct of the sheriff’s office, as expressing “relief” at the development.

The story of Frank Means Oregon hunting death began to unfold on October 8 when his body was found near the town of Fossil, according to television station KGW. Investigators say they are looking for potential witnesses, but no one has been taken into custody. An official from the sheriff’s office told Means’ widow her husband had been killed in “some kind of hunting dispute,” the television station reported.

A 21-year old Oregonian’s apparent murder while on a visit to Paris has shocked friends and family here at home, but it also highlights complex – if all too common – Oregon wrongful death issues that most families can only tackle with the assistance of an experienced Silverton wrongful death lawyer.

Portland TV station KPTV, quoting the victim’s family, reported that a homicide investigation is underway in France with both the FBI and the US embassy in Paris assisting local police in the French capital.

French police say Justin Little was killed by one or more blows to the head with a cinder block as he sat on a park bench in Aulnay-sous-Bois, a slum-like suburb that lies north-east of Paris on the road to Charles de Gaulle International Airport. The area is well off Paris’ beaten path, and it remains unclear why the young traveler had ventured into a neighborhood few tourists ever visit.

Construction site flagger John Sparks, 51, of Salem died Saturday after being run over by a dump truck. The Beaverton accidental death took place on 173rd Avenue, near Walker Road in Washington County where construction crews have been at work since July.

Witnesses said Sparks was doing his job as a traffic flagger when the dump truck backed over him. Police investigating the Oregon truck accident say it is likely Sparks was standing in the truck’s blind spot when he was hit. The driver of the truck was checked for drug or alcohol use, but a Beaverton police detective told reporters at the scene the tragic death “just looks like a freak accident.”

Sparks, an employee of Mama Jo’s Flagging, died at the scene. Residents near the work site lit candles in Sparks’ memory, and have also constructed a makeshift memorial.

In six months, one of the trials in the Oregon police brutality lawsuit accusing Portland police officers of contributing to James P. Chasse Jr.’s wrongful death, because they allegedly used excessive force when apprehending him and then denied him the proper medical care, is scheduled to begin. Already, Multnomah County commissioners have approved a $925,000 settlement that resolves the Portland, Oregon wrongful death claim made by Chasse’s family against the county and several defendants, including former Multnomah County Deputy Bret Burton and correction nurses Sokunthy Eath and Patricia Gayman.

Claims however, are still pending against the city of Portland, former Mayor Tom Potter, Portland Police Officer Christopher Humphreys, Chief Rosie Sizer, police Sgt. Kyle Nice, American Medical Response Northwest Inc., and paramedics Kevin Stucker and Tamara Hergert. Because a court order divided the case in two, there will be a second civil trial in late 2010.

Chasse, 42, was a schizophrenic. Burton, Nice, and Humphreys reportedly arrested him after one of the cops noticed that he appeared to be urinating in public. Police say they chased down the suspect, knocking him to the ground and handcuffing him while he struggled. They also stunned him with a Taser.

Following the incident, Chasse’s vital signs appeared normal. As a result, ambulance workers who arrived at the arrest scene did not take him to the hospital. The jail, however, would not book him because of his physical condition.

The 42-year-old suspect died in police custody as he was being transported to the hospital. According to the Multnomah County medical examiner, Chase sustained major internal injuries, and broke 16 ribs, his sternum, and a shoulder.

While the Use of Force Review Board determined that the way Chase was apprehended did not violate bureau policy, the board said that Chase should have been sent to the hospital right after he had been Tasered. As a result, Police Chief Rosie Sizer is recommending that Nice be suspended.

Portland chief recommends sergeant’s suspension in Chasse’s death, Oregon Live, September 23, 2009
County pays $925,000 to settle part of Chasse lawsuit, Portland Tribune, July 2, 2009

Related Web Resources:

Portland Police Bureau

Taser Deaths Blog

Taser guns ‘raised deaths in custody,’ New Scientist, February 2009

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The family of a 75-year-old nursing home resident is suing Pheasant Pointe Retirement and Assisted Living Residence and Spectrum Retirement Communities of Oregon for her wrongful death. Ruby Larson wandered away from the Molalla nursing home on July 23, 2007. She was never to be seen again. Last year, a judge declared the Alzheimer’s patient legally dead.

The Oregon wrongful death lawsuit, filed on behalf of one of the elderly woman’s sons, contends that Larson had wandered off on more than one occasion yet staff members failed to prevent the final incident from happening. The plaintiff is seeking $2 million.

Oregon Nursing Home Negligence
Elderly and sick persons stay at Oregon nursing homes because they need help taking care of themselves. Some residents, because they suffer from dementia, Alzheimer’s, or another kind of ailment that impairs their memory, have a tendency to wander off and then forget where they are.

It is important that an Oregon assisted facility properly supervises all residents, while paying special attention to patients who are an elopement risk. A nursing home should also make sure that the facility and premises are properly secured so that residents aren’t able to just leave without anyone’s knowledge by walking out front or side doors or jumping out of windows (this can cause injury, especially if the window is located above the ground floor).

Nursing home residents that wander off a premise could end up getting hit by a car, freezing to death, getting hurt in a slip and fall accident, or becoming the victim of a violent crime. Injuries sustained from wandering off may even result in Oregon wrongful death.

Reports of nursing home patients attempting to wander off is not uncommon and Portland, Oregon nursing homes and other assisted living facilities must make sure that this doesn’t keep happening.

Family of missing Ore. patient files suit, 2news.tv/AP, August 4, 2009
Alzheimer’s: Understand and control wandering, MayoClinic.com
Related Web Resources:
Preventing Elopement, Repertoiremag.com
Nursing Homes in Oregon

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50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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