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CLARKE v. OREGON HEALTH SCIENCES UNIVERSITY

0005-05116; A124560.

138 P.3d 900 (2006)

206 Or. App. 610

Jordaan Michael CLARKE, a minor, by his guardian ad litem, Sari CLARKE, Appellant, v. OREGON HEALTH SCIENCES UNIVERSITY, a public corporation; Mustafa Adnan Cobanoglu, M.D.; John David Blizzard, M.D.; Sanjeev K. Sharma, M.D.; Steven A. Fiamengo, M.D.; Betsy E. Soifer, M.D.; Jennifer Stewart, R.R.T.; and Ana Wilson, R.N., Respondents, and Veerappa K.M. Reddy, M.D., Defendant.

Court of Appeals of Oregon.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause for appellant. With her on the briefs were William A. Gaylord, Linda K. Eyerman, Todd A. Bradley, Portland, and Gaylord Eyerman Bradley, PC.

William F. Gary, Eugene, argued the cause for respondents. With him the brief were Sharon A. Rudnick, C. Robert Steringer, Karla Alderman, and Harrang Long Gary Rudnick P.C.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

EDMONDS, P.J.

This case presents the issue whether the Oregon legislature can constitutionally limit the amount of damages that a person injured by medical malpractice at defendant Oregon Health and Science University (OHSU) can receive from OHSU and the individuals who treated him there. Plaintiff, through his guardian ad litem, appeals after the trial court substituted OHSU as the sole defendant and entered judgment on the pleadings under ORCP 21 B against OHSU...

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