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A man who says he is now paralyzed from the neck down has filed a $22 million lawsuit against Oregon Health & Science University. (The Oregonian/File photo)

A 59-year-old man who says a surgeon paralyzed him from the neck down by twice dropping a surgical instrument on his spinal cord has filed a $22 million lawsuit against Oregon Health & Science University and one of its doctors.

Roger Dale Brown's lawsuit says he went to the hospital for an operation because of a pinched nerve in his neck on March 11.

Dr. Clifford Lin, an orthopedic surgeon, was negligent in dropping the instrument, the suit says. The suit doesn't explain how the instrument allegedly fell from the doctor's grasp or what type of instrument it was.

An OHSU spokeswoman declined to comment on the lawsuit, and said Lin had also declined comment.

"Out of respect for the legal process and in compliance with patient privacy laws, OHSU will not comment on this case," wrote spokeswoman Tamara Hargens-Bradley, in an email to The Oregonian/OregonLive.

The suit indicates that Brown can still move one of his hands slightly, enough to sign his name. OHSU originally denied Brown's request for his medical records because his signature on the request didn't match his signature on file before he was paralyzed, the suit states.

The suit, filed last Thursday, states that Brown's medical bills already have reached $2 million. He seeks that amount, plus another $10 million for future medical bills, costs of future care and household services and modifications to his home.

He also seeks $10 million for pain, suffering and loss of enjoyment of life.

The suit faces an uphill battle, given a May 2016 ruling by the Oregon Supreme Court in another liability case against OHSU, limiting the amount of damages to $3 million.

In that case, an 8-month-old boy nearly died in 2009 when OHSU surgeons made mistakes during a liver surgery. The boy's medical bills have reached $5 million, far more than the amount the Supreme Court allowed him to receive. The ruling has had widespread implications -- effectively capping the amount that injured people can seek from OHSU and other government-affiliated entities.

Each year since 2009 this "tort claim cap" has increased. In 2016, the year Brown's lawsuit says he was injured, the cap stands at about $4.1 million.

Portland attorney Jane Paulson is representing Brown.

Read the lawsuit here. It was filed in Multnomah County Circuit Court.

-- Aimee Green

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