Oregon DHS is Not Financially Responsible for a Toddler Paralyzed for Life After Severe Beating
The Oregon Department of Human Services (DHS) is not financially responsible for a toddler who was beaten so badly by his mother’s boyfriend that he was left quadriplegic.
The Two-Year-old Will Never be Able to Live a Normal Life
The two-year-old will never be able to eat, walk, talk, play, or make friends and his family wants the DHS to be held accountable.
On Tuesday, a jury in the Multnomah County Circuit Court ruled that the DHS is not financially responsible for the actions of the toddler’s mother’s boyfriend, Samuel Rich who, in 2011, was added to a physical abuse of children state database.
However, the jury found that the DHS failed to react when alerted that the child swallowed drugs and was under treatment for narcotics poisoning.
Plaintiff’s Attorney Seeks Retrial, Saying Verdict Violates Oregon Law
At the hearing, eight of the 12 jurors agreed with the plaintiff’s case.
The attorney representing the interest of the child, Scott Kocher says the court verdict violates Oregon law that requires a three-fourths jury agreement in a civil matter.
Kocher is seeking a retrial.
Circuit Court Judge Steffan Alexander and defense attorneys have not yet responded to the motion for a retrial filed by Kocher.
The plaintiff asked for $15 million to cover ongoing medical expenses and $73 million for punitive and economic damages.
Hospital Social Worker Failed to Respond to Request for More Information
At the hearing, a worker at the state’s Child Abuse Hotline said she had asked for more information from a hospital social worker who reported that the child had ingested suboxone, an opioid that treats drug addiction.
LeAnne Robertson said she never received the additional information she had requested from social worker Antoinette Texeira.
Senior Assistant Attorney General, Dirk Pierson said even if Texeira had provided more information it would not have prevented Rich from beating the child who now lives with his father in a loving home in Tennessee.
Roberton testified that she heard about the poisoning on December 9, 2017. The toddler’s mother said it was accidental and happened at her home in Washougal.
Nine days later, Rich was at his home in Troutdale when he beat the boy so severely that he paralyzed him for life.
After Rich was added to the database in 2011, a Multnomah County jury convicted him of first-degree criminal mistreatment. He was acquitted on two other counts and deadlocked on three counts, which led to a plea deal sending him to jail for six years and eight months.
A judge ordered Rich (35) to pay $7.5 million in restitution.
Attorney Says the Child Needs at Least $15 Million for Ongoing Medical Costs
However, Kocher says the boy will need at least $15 million to cover ongoing medical costs. He is seeking a retrial and asked the jury to ‘keep children safe’ by holding the DHS accountable for the toddler.
Kocher described the paralyzed quadriplegic child as never able to make independent decisions or become an income earner.