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Legal Matters: Suit settles – $137,500 received

By Stephen Floyd

Legacy Silverton Medical Center has settled a malpractice lawsuit filed after an alleged faulty wrist surgery from 2019.

The hospital and orthopedist Dr. Paul Brewer agreed to pay $137,500 to former patient Jody Mandish after a carpal tunnel procedure led to an alleged nerve injury.

Mandish filed suit April 7, 2021, in Marion County Circuit Court for a carpal tunnel release procedure that took place April 9, 2019. Brewer allegedly severed a digital nerve, resulting in chronic pain, decreased sensitivity and mobility, and the need for additional medical care.

Mandish sued for $30,000 in existing medical expenses, $20,000 in future medical expenses, and $1 million for pain and suffering.

The hospital and Brewer admitted to treating Mandish for the procedure but denied wrongdoing.

The case was dismissed Oct. 21, 2022, with no awards to either party. The Oregon Medical Board (OMB) recently released details of the settlement as part of its regular reports on malpractice claims against licensees.

This was the first of two malpractice suits recently resolved with Legacy and Brewer.

On Dec. 16, 2022, a suit by former patient Donald Smith was dismissed following an out-of-court agreement. Smith filed suit July 12, 2022, in Multnomah County Circuit Court, seeking $1.1 million for a hip replacement on July 14, 2020, that allegedly left one leg significantly longer than the other.

Details of any settlement have not yet been published by OMB.

A third malpractice lawsuit against the medical center remains pending in Marion County Circuit Court. 

Former patient Tamarie Richards is seeking $10.2 million against the hospital and Dr. Michael Lemmers for a surgery taking place April 29, 2019. Lemmers allegedly used a pelvic mesh that was pulled off the market by the U.S. Food and Drug Administration two weeks prior. The suit alleges the mesh resulted in chronic pain, inflammation, infections and discomfort.

Lemmers and the hospital have denied wrongdoing. Co-defendants include mesh manufacturers Boston Scientific Corporation, Ethicon, Inc., and Johnson & Johnson. A 15-day trial is scheduled to begin Aug. 19.

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