Oregon Man Files $43.5M Lawsuit After Brain Surgery Leaves Him Paralyzed

An Oregon man is suing St. Charles Health System over claims that he was left paralyzed due to complications following brain surgery.

Jackie Dale Yeley filed his lawsuit in Deschutes County Circuit Court and alleges medical malpractice by the Bend-based surgery provider Northwest Brain and Spine.

On January 8, 2020, Yeley was at the hospital to undergo surgical decompression of the lumbar spine to address issues he felt with numbness in his left foot and “vague left leg pain.”

Dr. Kent Yundt was the surgeon operating on Yeley along with other doctors and nurses who were there attending. According to the suit, Yeley's complications began after he suffered from an accidental dural tear. The dura is a tough membrane that surrounds and protects the brain and spinal cord. During the operation, Yundt noted the tear and repaired it.

Yeley details in his lawsuit that the day after the operation, he woke up to severe pain, and the original issues he was having with numbness in his left leg worsened.

Two days after his operation, Yeley was taken back into the operating room and underwent two emergency procedures to drain fluid and relieve the pressure that developed around his brain. The operations were conducted by a different surgeon.

Yeley details that because of the complications and follow-up operations, he lost sensation in his lower extremities and is unable to use his legs.

According to the complaint, Yeley is seeking $38 million in noneconomic damages and $5.5 million in economic damages. Unlike economic damages, which are meant to cover costs such as medical bills and lost income, plaintiffs are awarded non-economic damages to account for the pain and suffering they have endured. In Oregon, non-economic damages can be tricky to sort out. Factors taken into consideration include the severity of the injury, pain, mental suffering, and emotional distress.

In response to the lawsuit, St. Charles spokesperson Lisa Goodman shared with local outlet The Bulletin, “We feel deep compassion for Mr. Yeley and his family managing this situation.” She adds, “But we believe St. Charles caregivers provided excellent care, and we are confident that any fact-finder will agree.”