Klamath Falls family impacted by Oregon Supreme Court ruling

0505 HortonKlamath Falls, Ore. – The Oregon Supreme Court has made a ruling regarding the state’s cap on tort claim limits. That decision will have a big impact on a 7-year-old Klamath Falls boy and his family.

Tyson Horton was diagnosed with cancer in 2009, but Oregon Health Sciences University admitted they botched an operation to remove a tumor. Lori Horton, Tyson’s mother said, “They came out and told us that they had made a mistake. That they had cut the wrong blood vessels during surgery, and it was the beginning of a nightmare.”

Lori Horton donated part of her liver to save her son’s life. She said, “They took half my liver, and walked it across the bridge, and literally put it right into Tyson.”

A Multnomah County Jury awarded Tyson with $12 million in damages.

OHSU immediately appealed the decision, resting on the Oregon State tort claim cap of $3 million.

The case was taken to the Oregon Supreme Court, where OHSU’s appeal was granted. The Horton’s judgement was taken down to $3 million.

Lori Horton said that the family’s insurance companies will not pay on anything related to a case of admitted malpractice.

“So Tyson’s dad and I are on the hook for $4 million dollars in medical bills that we can’t pay. And there’s no money to pay for Tyson’s future medical needs,” said Lori Horton. “I think people need to realize that this cap affects everyone in the State of Oregon, and that what happened to Tyson could have happened to anyone.”

NBC5 News’ Lyle Ahrens will have more on this story on NBC5 News at 6.

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