8/4/ :46:38 AM 16CV25037 FOR THE COUNTY OF MUL TNOMAH. 12 Comes now plaintiff and for claims for relief against the above named defendant,

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1 8/4/ :46:38 AM 16CV IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MUL TNOMAH 6 ROGER DALE BROWN, 7 Plaintiffs, 8 v. 9 OREGON HEALTH & SCIENCE UNIVERSITY; and CLIFFORD LIN, MD 10 Defendant. II Case No. COMPLAINT - Action at Law Medical Negligence Prayer: Over $10,000,000 Fee Authority: ORS (l(e CLAIM NOT SUBJECT TO MANDATORY ARBITRATION 12 Comes now plaintiff and for claims for relief against the above named defendant, l3 complains and alleges as follows: 14 FIRST CLAIM FOR RELIEF 15 I. 16 At all times material herein defendant Oregon Health & Science University (hereinafter 17 "OHSU" was a quasi- public corporation in the business of providing medical services to 18 patients, and held itself out as a facility that provided a full range of medical care, including the 19 diagnosis and treatment of neck and nerve disorders, and all medical providers and nurses who 20 provided medical care to Roger Brown were agents and/or employees and working in the course 21 and scope of their employment for OHSU A notice of claim was mailed to defendant by certified mail, return receipt requested and 24 received by OHSU on July 6, PAGE 1 - COMPLAINT PAULSON COLETTI Trial Anomeys PC 1022 NW Marshall, No. 450 Telephone ( Fax : (

2 On July 1, 2016, Roger Brown requested his medical records from OHSU through his 3 attorneys and sent in a signed authorization On July 15,2016, OHSU wrote Roger Brown through his attorneys and would not 6 produce his medical records since his signature on file at OHSU (before he was paralyzed at 7 OHSU did not match his signature on the request for records ofjuly 1,2016 (after he was 8 paralyzed at OHSU Plaintiff chose to file suit since he was not provided his medical records At all material times, Clifford Lin MD was an employee and agent of defendant OHSU 13 and provided medical care to Roger Brown At all material times all doctors providing treatment to plaintiff were employees and 16 agents ofohsu and responsible for plaintiff Roger Brown's medical care while he was a 17 patient at OHSU and were acting within the scope of their employment with OHSU On March 11, 2016, plaintiff was seen at OHSU for surgery to untether a pinched nerve 20 in his neck. During that surgery Dr. Lin dropped a surgical instrument onto plaintiffs spinal 21 cord, causing permanent injuries as described below On March 11, 2016, Dr. Lin dropped a surgical instrument a second time onto Roger 24 Brown's spinal cord, causing permanent injuries as described below. PAGE 2 - COMPLAINT PAULSON COLETTI Trial Anorneys PC 1022 NW Marshall, No. 450 Telephone (SOl Fax : (

3 Defendant OHSU was negligent, by and through its employees, in its care and treatment 3 of Roger Brown in one or more of the following particulars: 4 (a In dropping a surgical instrument onto Roger Brown's spinal cord during surgery; and 5 (b In failing to protect Roger Brown from an instrument dropping onto his spinal cord Defendant Dr. Lin was negligent in his care and treatment of Roger Brown in one or 8 more of the following particulars: 9 (a In dropping a surgical instrument onto Roger Brown's spinal cord during surgery; and 10 (b In failing to protect Roger Brown from an instrument dropping onto his spinal cord As a result of defendants' negligence, Roger Brown sustained permanent injuries, 13 including a spinal cord injury causing permanent quadriplegia, urinary and fecal incontinence, 14 physical pain, interference with activities of daily living, and loss of enjoyment of life, all to 15 plaintiffs non-economic damages in an amount to be determined by a jury at trial but not 16 expected to exceed $10,000, As a further result of defendants' negligence, plaintiff has incurred past medical bills in 19 the approximate amount of$2,000,000 and will incur future medical bills, care costs, loss of 20 household services and need home modifications in the approximate amount of $1 0,000,000, all 21 to his economic damage in the amount of $12,000, SECOND CLAIM FOR RELIEF Plaintiff re-alleges the allegations in paragraphs 1 through 9 above. PAGE 3 - COMPLAINT PAULSON COLEnI Tri al A ll o m~ s PC 1022 NW Marshall, No. 450 Telephone ( Fax: (503 2,(;276

4 On March 11, 2016, during plaintiff's surgery, a surgical instrument was dropped a 3 second time on Roger Brown's spinal cord, causing permanent injuries as described below Defendant OHSU was negligent, by and through its employees, in its care and treatment 6 of Roger Brown in one or more of the following particulars: 7 (a In dropping a surgical instrument onto Roger Brown's spinal cord during surgery; and 8 (b In failing to protect Roger Brown from an instrument dropping onto his spinal cord Defendant Dr. Lin was negligent in his care and treatment of Roger Brown in one or 11 more of the following particulars: 12 (a In dropping a surgical instrument onto Roger Brown' s spinal cord during surgery; and 13 (b In failing to protect Roger Brown from an instrument dropping onto his spinal cord As a result of defendants' negligence, Roger Brown sustained permanent injuries, 16 including a spinal cord injury causing permanent quadriplegia, urinary and fecal incontinence, 17 physical pain, interference with activities of daily living, and loss of enjoyment of life, all to 18 plaintiff's non-economic damages in an amount to be determined by a jury at trial but not 19 expected to exceed $10,000, As a further result of defendants' negligence, plaintiff has incurred past medical bills in 22 the approximate amount of$2,000,000 and will incur future medical bills, care costs, loss of 23 household services and need home modifications in the approximate amount of $1 0,000,000, all 24 to his economic damage in the amount of$12,000,000. PAGE4 - COMPLAINT PAULSON COLETrI Trill Anomeys PC 1022 NW Marsh, n, No. 450 Portland, OR Telep hone (SOl FL~ : (

5 I WHEREFORE, plaintiff Roger Brown prays for judgment against defendant on his first claim 2 for relief the amount of $10,000,000 non-economic damages and $12,000,000 economic 3 damages and on his second claim for relief $1 0,000,000 non-economic damages and 4 $12,000,000 economic damages, or in an amount to be determined, plus his costs and II disbursements incurred herein. DATED August 4, PAGE 5 - COMPLAINT ORNEYSPC PAULSON COLEn] Trial Anomeys PC 1022 NW M arshl ll, No. 450 POrll and, OR Telephone (SOl Fax : (