Klamath Falls, Ore. – It’s now been 3 months since the Oregon Supreme Court heard a case challenging the state’s cap on tort claim limits.
The court’s decision will have a big impact on a 6-year old Klamath Falls boy, his family, and you…
Tyson Horton was diagnosed with cancer in 2009…but O.H.S.U. botched an operation to remove the tumor.
“They came out and told us that they had made a mistake, that they had cut the wrong blood vessels during surgery.” Says Lori Horton, Tyson’s mother. “And that was the beginning of a nightmare.”
Lori Horton donated part of her liver to save her son’s life…
“They took half of my liver, and walked it across the bridge, and literally, put it right into Tyson.”
A Multnomah County jury awarded Tyson 12 million dollars in damages.
“Immediately after that, O.H.S.U. appealed the decision, resting on the cap.” Adds Lori Horton. “Saying that they were only liable for 3 million dollars.”
The case went before the Oregon Supreme Court in November.
If the court rules in favor of O.H.S.U., the Hortons will be bankrupt.
“If the cap is upheld, we’re finished.” Notes Horton. “We’re going to be ruined financially.”
And, there will be no money to cover any of Tyson’s future medical bills.
For now, Tyson is doing well…but Lori Horton can only wait for the court’s decision, which could come at any time.
“I think people need to realize that this cap affects everyone in the state of Oregon.” Says Lori Horton. “And that what happened to Tyson could have happened to anyone.”
Lori Horton stresses that any award made by the courts will go to Tyson, to pay existing medical bills.
The rest would go into a savings account to pay for any of Tyson’s future medical needs.
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