$35 Million Lawsuit Filed Against Portland Hospital for Security Guard’s Death Amid Allegations of Negligence and Unheeded Warnings

Portland, Ore. – The family of a security guard fatally shot at a Portland hospital has filed a $35 million lawsuit against the medical facility, alleging negligence that led to his death. The incident, which ended in a dramatic standoff and the shooter’s death by police in Gresham, has underscored the ongoing concerns about safety in healthcare settings.

At the heart of the lawsuit is the claim that Legacy Good Samaritan Medical Center did not adequately enforce its own safety rules against violence and weapons. The family of Bobby Smallwood, the deceased guard, contends that the hospital’s failure to act on prior warnings about the shooter, identified as PoniaX Calles, set the stage for the tragedy.

Calles, who was at the hospital for the birth of his child, exhibited aggressive behavior and made threats over several days leading up to the shooting, as per the lawsuit. Despite these warnings, it is alleged that the hospital did not bar him from the facility, violating its own policies that should have triggered his immediate removal.

This incident is part of a distressing trend of gun violence in U.S. medical facilities, a sector that has become one of the most hazardous regarding workplace violence. According to the U.S. Bureau of Labor Statistics, healthcare workers accounted for 73% of all nonfatal workplace violence injuries in 2018.

The complaint details that on July 22, after several confrontational episodes, nurse supervisors decided to relocate Calles from his partner’s room. During a security check, guards discovered two loaded guns in Calles’ duffel bag, indicative of the threat he posed.

More than 40 minutes elapsed from the discovery of these weapons until Smallwood’s fatal confrontation with Calles. The complaint highlights a critical moment when, just two minutes before he was shot, Smallwood was signaled that Calles was armed. Despite attempts to de-escalate the situation, Calles fatally shot Smallwood during an attempt to escort him out.

The lawsuit also criticized the hospital’s delayed response, noting that a “code silver,” indicating an active shooter, was not initiated until after Smallwood had been shot.

In response to the incident, Legacy Good Samaritan announced several security upgrades, including the installation of extra metal detectors, mandatory bag checks, additional arming of security officers with stun guns, and the application of bullet-resistant film on some internal and external glass areas.

However, these measures come too late for Smallwood’s family, who expressed their profound loss through their attorney. “Every day we grieve the loss of our son and all the years ahead that should have been his to live,” his parents stated. “Nothing can bring Bobby back, but we will not stop fighting until Legacy is held fully responsible for what they took from our family.”

The broader issue of violence against healthcare workers has prompted legislative action in about 40 states, where laws have been enacted to increase penalties for such crimes. Some hospitals have taken measures into their own hands, equipping security officers with batons, firearms, or stun guns, and in some states, hospitals are even allowed to form their own police forces.

This tragic event has reignited critical discussions on the safety of healthcare facilities and the measures necessary to protect those who work within them. As this case progresses, it will likely serve as a painful reminder of the risks healthcare workers face and the urgent need for stringent security measures.