Portland, Oregon — On Tuesday, the family of a security guard who was shot and died at a hospital in Portland, Oregon, filed a $35 million lawsuit against the facility, accusing it of carelessness and failing to respond to the hazards that the gunman posed to hospital staff over several days.
In a wrongful death complaint filed Tuesday, Bobby Smallwood’s estate claimed that Legacy Good Samaritan Medical Center failed to enforce its policies against workplace violence and weapons by not barring the shooter from the facility, despite staff reporting threats and aggression in the days leading up to the shooting.
“The repeated failures of Legacy Good Samaritan to follow their safety protocols directly led to the tragically preventable death of Bobby Smallwood,” the family’s attorney, Tom D’Amore, said in a statement. “Despite documented threats and abusive behavior that required immediate removal under hospital policy, Legacy allowed a dangerous individual to remain on the premises for three days until those threats escalated to violence.”
In an email, Legacy Health stated that it was unable to comment on the litigation.
The shooting at Legacy Good Samaritan Medical Center in Portland was part of a wave of gun violence that has swept through hospitals and medical institutions across the United States, leaving them unable to react to the mounting risks. Such attacks have contributed to the healthcare industry becoming one of the most violent in the country. According to the US Bureau of Labor Statistics, healthcare workers accounted for 73% of all nonfatal workplace violence injuries in 2018, the most recent year for which data is available.
PoniaX Calles, the gunman at the Portland hospital, first arrived on July 19, 2023, when his partner was ready to give birth. According to the complaint, nursing personnel and security officers wrote repeated incident reports on July 20 and 21, including outbursts, violent behavior, and threats, but they were not accessible or supplied to anyone working with him.
On July 22, nursing supervisors decided to remove Calles from his partner’s room, so Smallwood led him to the waiting room area outside the maternity unit. Other security guards investigating the room discovered two loaded firearms in a duffel bag, and his colleague informed them that he was likely carrying a third gun, according to the lawsuit.
According to the lawsuit, more than 40 minutes transpired between the finding of the duffel bag and Smallwood’s death. Two minutes before Calles was shot, a security guard made hand gestures through glass doors to alert him to his armed state. Smallwood then offered to pat Calles down, but Calles declined and left. Smallwood began walking him out of the hospital, but when other staff members approached, Calles shot Smallwood in the neck.
The hospital failed not call “code silver,” the emergency code for an active shooter, until after Smallwood was wounded, according to the complaint.
Smallwood’s family stated his death had a tremendous impact on them.
“Every day, we mourn the loss of our son and all the years that should have been his to live,” Walter “Bob” and Tammy Smallwood wrote in a statement posted by their lawyers. “Nothing can bring Bobby back, but we will not stop fighting until Legacy is held fully responsible for what they took from our family.”
Following the shooting, Legacy announced plans to install additional metal detectors, require bag searches at all hospitals, arm more security agents with stun guns, and put the bullet-slowing film to select interior glass and main doors.
According to the American Nurses Association, around 40 states have implemented legislation that creates or increases penalties for violence against healthcare workers. Hospitals have armed security agents carrying batons, stun guns, or firearms, and some jurisdictions enable hospitals to form their police forces.
Source: Family of security guard shot and killed at Portland, Oregon, hospital sues facility for $35M
