PeaceHealth facing $3M lawsuit in death of Portland man hit by car

PeaceHealth University District Hospital is facing a $3 million lawsuit in the death of a 20-year-old Portland man.

Posted: Jul 15, 2019 4:03 PM
Updated: Jul 15, 2019 6:19 PM

EUGENE, Ore. -- PeaceHealth University District Hospital is facing a $3 million lawsuit in the death of a 20-year-old Portland man.

Evan Davenport’s parents filed the suit last week, claiming hospital staff failed to recognize he was suffering from a severe psychotic episode and failed to keep him in their care.

He was later struck and killed by a car while running down Interstate 5 in Washington.

Court documents allege medical negligence and say Evan Davenport was admitted into PeaceHealth University District Hospital after attending the Oregon Country Fair on July 10, 2016.

The documents say Davenport was first found wandering in traffic with no regard for his own safety and was brought to the emergency room where he was noted to be confused. Davenport admitted to doctors that he smoked marijuana two days prior and doctors ran a series of tests for other drugs that all came back negative.

The lawsuit alleges the clinical impression reached was "psychosis" and "substance abuse," and Davenport was discharged and told to stop smoking marijuana and to return to the emergency room if the symptoms got worse. He was also told to follow up with his doctor in a week.

"Because acute psychosis of the type Evan was displaying in the emergency department can, in fact, be fatal. It was inappropriate for the emergency department to discharge him without addressing his psychosis," said Cynthia Newton an attorney representing the Davenport family.   

Two days after returning to his parents’ home in Portland, court documents say Davenport suddenly appeared terrified as if he was seeing things and then ran off. His dad chased after him but couldn't catch up, and he filed a missing person report.

That evening at around 11:30 p.m., court documents state that Davenport was struck and killed by a vehicle while jogging on I-5 near Mill Plain Boulevard during an acute psychotic episode.

The family alleges the hospital failed to recognize that Davenport was suffering from a psychotic breakdown and that he was a danger to himself and unable to make proper decisions in regards to his own safety.

Spokeswoman Marcy Marshall told KEZI 9 News PeaceHealth offers its deepest sympathy and condolences to Evan Davenport’s family and loved ones. However, because of the pending litigation, PeaceHealth declined to comment further.

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