t·JlarionCounty Circuit Courts

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STATE OF OREGON

OCT 28 2011

STATE OF OREGON MARION COUN1Y COURTS OCT 28 2011

E·NTERED
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FILED
COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION

IN THE CIRCUIT

JOSHUA PAUL JASCHKE, Plaintiff, vs.

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Case No.

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INJURY)

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COMPLAINT (NEGLIGENCE,PERSONAL CLAIM NOT SUBJECT TO MANDATORY ARBITRATION JURY TRIAL DEMANDED

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STATE OF OREGON, by and through) its DEPARTMENT OF HUMAN ) SERVICES, a state agency; and ) its OREGON STATE HOSPITAL, a ) state agency; ) JAMES RONALD BRYLSKI; ) ULISTA JEAN B~OOKS; ) SATYANARAYANA CHANDRAGIRI; )
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FREDERICK ELLIOT FRIED; STEVEN EDWARD FRITZ; RICHARD JOSEPH MEAD; JOHN EDWARD MEYER; WILLIAM LEE NEWTON; MICHAEL EDWIN ROBINSON; and JANE DOES(S) AND JOHN DOE(S), Defendants. --------------~~==~~----Plaintiff (Joshua) alleges:

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TOTAL DAMAGES CLAIMED/ALLOWED NOT TO EXCEED $10,000,000 (ORS 30.271(2)(a» Filing Fee: $755 Authority: Oregon Laws 2011, Ch. 595, Sec 15(1)(d)

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Beginning relevant)

in 2006 and since that time

(at all times State Hospital

Joshua was hospitalized

at the Oregon

(OSH) and a patient of the Defendants. 1 - COMPLAINT
Michael F. Van Hoomissen
OSB No. 84399 WSB No. 16878

Attorney at Law
Suite 319 Riviera Plaza 1618 s.w. 1st Avenue Portland, Oregon 97201 Tel (503) 221-1529 Fax (503) 221-6222

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2.

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Joshua complied with ORS 30.275 in filing a timely tort claim notice.
3.

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At all time relevant, Oregon State Hospital agency of the State of Oregon defendant Department

(OSH) was an

(Oregon) operated by the (DHS), another State lithe State") all

of Human Services

agency of the State of Oregon

(collectively

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located in Marion County, Oregon.
4.

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Defendants yet unidentified)

Jane Doe(s) and John Doe(s) are additional employees of OSH and/or DHS and the State

(as

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who acted within the course and scope of their employment physicians and/or psychiatrists and/or other healthcare

as

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providers who provided treatment hospitalization the development

and care to Joshua during his in

at OSH, or other employees who participated of policies, or enforcement of policies

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and DHS, and/or supervision

..

at OSH

of said employees.
5.

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At all times relevant, defendants

the other specifically

named

(the Doctors), were Oregon licensed physicians and employees of OSH and/or DHS the State

and/or psychiatrists

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Page

acting within the course and scope of their employment. 2 - COMPLAINT
Michael F. Van Hoomissen
aSB No. 84399 WSB No. 16878

Attorney at Law
Suite 319 Riviera Plaza 1618 S.W. 1st Avenue Portland, Oregon 97201 Tel (503) ZZ1-15Z9 Fax (503) ZZ1 -6222

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6. At all times relevant, Joshua's psychiatric DHS and OSH were responsible for

and medical treatment

and rehabilitative

care and his health, safety and welfare. 7. At all times relevant, medical and rehabilitative the Doctors rendered psychiatric, care and treatment to Joshua also with

within the regular course and scope of their employment the State. 8. At all times relevant until on or about November the Doctors prescribed other medications Joshua the drug Adderall

12, 2009

(the Drug) and

and directed and required him to use them.
9.

The Doctors directed and required Joshua to use the Drug and other medications

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without obtaining 10.

his informed consent.

The Drug and the other medications

caused Robert to feel damage to

sick and suffer pain and heart attacks and permanent his heart.
11.

Defendants' particulars

negligence

in one or more of the following factor in causing Joshua's damage:

was s substantial

3 - COMPLAINT
Michael F. Van Hoomissen
OSB No. 84399 WSB No. 16878

Attorney at Law
Suite 31 9 Riviera Plaza 1618 S.W. 1st Avenue Portland, Oregon 97201 Tel (503) 221-1529 Fax (503) 221-6222

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a.

In failing to explain

to Joshua the treatment

to be

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undertaken; b. In failing to explain methods to Joshua that there may be to be undertaken;

alternative c. treatment

of treatment

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In failing to explain to be undertaken:

to Joshua the risks of the the dosage range of the

including

Drug and his other medications range and frequency;

and the risks of that dosage side effects of the Drug

the potential

and his other medications, including the potential

like their effect on his heart, reactions and damage by to the Drug

risks of adverse

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and the other medications, thromboembolism including

such as thrombosis heart attacks

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and permanent

to his heart, as well as the heart damage experienced others who had previously d. taken the Drug; a detailed

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In failing to ask if Joshua wanted of a through c;

explanation

..

e.

In failing to give Joshua

a detailed

explanation

of a

through c; f. required g. In failing to obtain Joshua's informed consent

under ORS 677.097 and OAR 309-114-0010. In failing to consult the Drug manufacturer's prescribing and product

safety warnings administering 4 - COMPLAINT

for the Drug before,

the Drug to Joshua.

Michael F. Van Hoomissen
OSB No. 84399 WSB No. 16878

Attorney

at Law
Tel (503) 221-1529 Fax (503) 221-6222

Suite 31 9 Riviera Plaza 1618 S.W. 1st Avenue Portland, Oregon 97201

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h. without

In prescribing

and administering

the Drug to Joshua

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following accepted procedures

for his examination,

including conducting

failing to obtain an adequate health history, an adequate physical and/or mental status

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examination

and review of his medical records and failing to

make an accurate and timely diagnosis; i. In treating Joshua with the Drug unnecessarily or

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without a legitimate medical purpose and without due regard of his thromboembolic j. history;

In failing to follow the FDA testing and monitoring for treating Joshua with the Drug and the other

requirements medications; k.

In failing to adequately

document

and monitor the

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administration 1.

of all of Joshua's medications. and

In failing to initially examine and then monitor state of health and vital signs and to

document Joshua's recognize

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and manage symptoms of arterial thrombosis and cardiac distress

and/or

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thromboembolism

and other adverse the Drug and

reactions when prescribing other medications m.

and administering

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to Joshua. Joshua with the Drug by prescribing and OSH's and

In overdosing

administering recommended

more than the Drug manufacturer's

dose of the Drug;

5 - COMPLAINT
Michael F. Van Hoomissen
OSB No. 84399 WSB No. 16878

Attorney

at Law
Tel (503) 221-1529 Fax (503) 221-6222

Suite 31 9 Riviera Plaza 1618 S.W. 1st Avenue Portland, Oregon 97201

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n. medical o.

In failing to timely respond status/condition. In failing to recognize complaints

to changes

in Joshua's

and treat Joshua's in October

chest pain and

and other medical November p. 2009.

and symptoms

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In failing to recognize

and treat Joshua's 1, 2009.

symptoms

and heart attack on or about November q. In failing to stop prescribing

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and administering including

the

Drug to Joshua after his medical pain in October about November r. and November 1, 2009.

complaints,

chest

2009 and his heart attack on or

In failing to recognize symptoms

and treat Joshua's 8,

complaints, 2009. s.

and heart attack on or about November

In failing to stop prescribing

and administering

the 8,

Drug to Joshua after his heart attack on or about November 2009. 12. Joshua would not have consented the other medications medication

to take the Drug and/or and the

had he been advised of treatment

(including the dosage range and frequency) methods of treatment

risks and alternative (including

and medication,

the risks of the dosage

range) and been given the

6 - COMPLAINT
Michael F. Van Hoomissen
OSS No. 84399 WSB No. 16878

Attorney

at Law
Tel (503) 221-1529 Fax (503) 221-6222

Suite 31 9 Riviera Plaza 1618 S.W. 1st Avenue Portland, Oregon 97201

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opportunity

for a detailed explanation

and to ask questions answered.

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regarding his treatment

and had his questions 13.

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As a result of the defendants' incurred economic

negligence,

Joshua has expenses

(special) damages for past medical

for necessary care and treatment of his injuries and will suffer future medical expenses treatment for necessary care and

and repair of his heart, andlor a heart transplant for a new heart, and

including necessary care and treatment expenses for necessary domestic

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services, together with in the total approximate

impairment

of his earning capacity

sum of not to exceed $10,000,000.
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As a result of the defendants'

negligence,

Joshua has

been made to suffer the loss of the full use of his heart for the remainder of his life, a shortened life expectancy and

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loss of enjoyment of his life, humiliation, fear, apprehension, suffering, approximate anxiety, emotional

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mental anguish, pain and

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distress,

all to his non-economic

(general) damage in the

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sum of not to exceed $10,000,000. 15.

Joshua demands a trial by jury. II
7 - COMPLAINT
Michael F. Van Hoomissen
OSB No. 84399 WSB No. 16878

Attorney

at Law
Tel (503) 221-1529 Fax (503) 221-6222

Suite 31 9 Riviera Plaza 1618 S.W. 1st Avenue Portland, Oregon 97201

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16. WHEREFORE, 1) Joshua prays for judgment (special) damages against defendants:

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Economic

of not to exceed

$10,000,000; 2) Noneconomic (general) damages of not to exceed

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$10,000,000; 3) 4) Costs and disbursements incurred; and

Other just and proper equitable 28, 2011.

relief.

Dated: October

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Michael F. Van Hoomissen, OSB 84399 1618 S.W. 1st Avenue, Suite 319 Portland, OR 97201 Tel 503-221-1529 Fax 503-221-6222 Email: mvanhoom@me.com Trial Attorney for Plaintiff

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Michael F. Van Hoomissen
OSB No. 84399 WSB No. 16878

Attorney

at Law
Tel (503) 221-1529 Fax (503) 221-6222

Suite 319 Riviera Plaza 1618 S.W. 1st Avenue Portland, Oregon 97201