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MacKAY v. ST. CHARLES MEDICAL CENTER

88-CV-0269 WE, 88-CV-0151 WE, 87-CV-0133 JC, 88-CV-0266 MS, 88-CV-0193 TM, 88-CV-0263 MS, CA A60503 (Control), A60509, A60510, A60511, A60512, A60513.

804 P.2d 1192 (1991)

105 Or. App. 267

Ross MacKAY and Cynthia MacKay, Appellants, v. ST. CHARLES MEDICAL CENTER; Northwest Medical Physics Center; Sean P. McGreevey and Thomas Comerford, M.D., Respondents. Reba BERRY and Steve Berry, Appellants, v. ST. CHARLES MEDICAL CENTER; Northwest Medical Physics Center; Sean P. McGreevey and Thomas Comerford, M.D., Respondents. George HUBBELL and Maude Hubbell, Appellants, v. ST. CHARLES MEDICAL CENTER; Northwest Medical Physics Center; Sean P. McGreevey and Thomas Comerford, M.D., Respondents. Wallace E. ARMSTRONG and Carolyn Armstrong, Appellants, v. ST. CHARLES MEDICAL CENTER; Northwest Medical Physics Center; Sean P. McGreevey and Thomas Comerford, M.D., Respondents. Jean F. JENKINS, individually and as Personal Representative of the Estate of Robert Jenkins, Appellants, v. ST. CHARLES MEDICAL CENTER; Northwest Medical Physics Center; Sean P. McGreevey and Thomas Comerford, M.D., Respondents. Joan CARLSON, Personal Representative of the Estate of Carl A. Albrecht, Deceased; E. Bernice Allen, Personal Representative of Richardson LeRoy Allen, Deceased, and E. Bernice Allen; Carol Thompson, Personal Representative of the Estate of Carl Amonson, and Genevieve Amonson et al., Appellants, v. ST. CHARLES MEDICAL CENTER; Northwest Medical Physics Center; Sean P. McGreevey and Thomas Comerford, M.D., Respondents.

Court of Appeals of Oregon.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Mike Kilpatrick and Roy Kilpatrick, Mt. Vernon, argued the cause, for appellants. With Mike Kilpatrick on the briefs, was Kilpatricks, Mt. Vernon.

Lann D. Leslie, Eugene, argued the cause, for respondent St. Charles Medical Center. With him on the brief, was Atherly, Butler & Burgott, Eugene.

G. Kenneth Shiroishi, Bend, argued the cause, for respondent Northwest Medical Physics Center. With him on the brief, were Robert L. Nash and Dunn, Carney, Allen, Higgins & Tongue, Bend.

Mildred J. Carmack, Portland, argued the cause, for respondent Sean P. McGreevey. With her on the brief, were Mark H. Wagner, Joyce A. Hyne and Schwabe, Williamson & Wyatt, Portland.

No appearance for respondent Thomas Comerford, M.D.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs in these consolidated actions were patients or are the personal representatives or spouses of patients who received radiation treatment for cancer at defendant St. Charles Medical Center (hospital). Defendant Comerford is a radiation oncologist who administered radiation treatments at the hospital. Defendants Northwest Medical Physics Center and McGreevey (defendants) provided medical physicist services to the hospital between...

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