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Brannon v. Wood

Oregon Supreme Court

444 P.2d 558 (1968)

Facts

Burton Brannon (plaintiff) went to St. Vincent Hospital to have a tumor removed from his chest by Dr. James Wood (defendant). After the initial surgery, Brannon began severely hemorrhaging and had to return to surgery. During surgery, to stop the hemorrhaging, Dr. Wood used a cellulose substance to pack Brannon’s chest. After this surgery, Dr. Wood discovered Brannon was paralyzed from the waist down, and a subsequent surgery was unable to cure the paralysis. Brannon brought suit against Dr. Wood as a result of his paralysis. Brannon claimed that leaving the cellulose substance in his chest, and its subsequent pressing against his spinal cord, was negligent. Brannon also stated that it was negligent to not warn him of the known risks of the surgery. After refusing to instruct the jury on res ipsa loquitur, the trial court submitted the case to the jury. The jury returned a verdict in favor of Dr. Wood, and Brannon appealed.

Rule of Law

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Issue

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Holding and Reasoning (Rodman, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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