Portland, Oregon — A significant $35 million wrongful death lawsuit has been levied against Legacy Good Samaritan Medical Center and its parent entity, Legacy Health, by the relatives of Bobby Smallwood, a security guard who tragically lost his life in an incident at the hospital last year. The lawsuit, which was officially filed in the Multnomah County Circuit Court this Tuesday, accuses the hospital of failing to adequately enforce their security measures, contributing to this grave outcome.
Smallwood, 44, was fatally shot on July 22, 2023, by PoniaX Kane Calles, an individual who had previously displayed aggressive behavior towards hospital staff in the days leading up to the shooting, according to the legal complaint. The filing details multiple occasions where Calles was confrontational and even threatened staff members, yet he was reportedly allowed to remain on the premises despite these warning signs.
The repercussions of the shooting were immediate and widespread, triggering a lengthy police manhunt that included lockdowns of the hospital and a nearby retail store where Calles was believed to have been spotted. The search concluded in a standoff in Gresham, where Calles was located and subsequently killed during a shootout with police.
The crux of the lawsuit centers around allegations that the hospital did not fully implement its security protocols, specifically pointing to the inadequate monitoring of entry points with metal detectors designed to prevent the entry of unauthorized firearms. Further, the lawsuit charges that hospital policies on reporting violent incidents were notably lax, which may have contributed to a dangerous environment, particularly as the complaint noted an uptick in such incidents the preceding year.
In the days just before the incident, Calles, who was at the hospital following the admission of his partner who was giving birth, was reported to have physically and verbally obstructed medical staff. The lawsuit highlights that despite his openly aggressive actions – including an attempted forced entry into an operating room and a confrontation with security personnel – he was merely issued a final warning rather than being removed from the property.
This lenient handling escalated to the morning of July 22, when hospital security finally decided to evict Calles. They discovered multiple firearms in his possession during a room search, a clear violation of hospital policies. Yet, even with this discovery, no immediate action was taken until nearly 30 minutes later, a delay that proved fatal. Moments before he was to be escorted out, Calles shot Smallwood in the neck.
The lawsuit also criticizes hospital management’s delayed response after identifying Calles as armed, including their hesitance to issue a “Code Silver,” which signals an active shooter situation, until after Smallwood was shot. It took another eight minutes before medical assistance was provided to Smallwood, exacerbating the tragedy.
On top of seeking up to $30 million in non-economic damages and up to $5 million in economic damages, the lawsuit claims multiple infringements, including violations related to employer liability and safe employment statutes under Oregon law.
When approached for a statement, Legacy Health refrained from commenting, citing the ongoing nature of the legal proceedings.
This lawsuit underscores significant concerns regarding security practices at healthcare facilities and raises questions about the enforcement of existing policies designed to protect both staff and patients from potential harm. As this case progresses, it could set a precedent for how security measures are enforced in medical institutions across the region.