State officials have agreed to $1-million in payouts to settle two lawsuits accusing the Oregon State Hospital of failing to prevent a nurse from sexually harassing a patient and former patient while he worked at the state psychiatric facility.
A state spokesperson did not respond to a request for comment on the settlements. Kevin Lafky, a lawyer for David Herne, the nurse named in the suits, declined to comment.
Filed in August 2022, the first lawsuit filed by a former patient said Herne sent her a barrage of sexually explicit texts that she alleged sought to groom her for a sexual relationship. She claimed hospital staff had previously said she would be punished if she filed a complaint over a separate matter, making her feel like she had no choice but to go along with it.
The suit claimed Herne gave the patient a cell phone, which was contraband in her unit, and allegedly texted: “I do chicks who are locked up and have the attitude that they’re gonna have as much fun as they can in spite of the constraints they’re under.”
The lawsuit claimed state hospital higher-ups knew Herne had previously been disciplined for sexual harassment yet permitted him to interact with the patient.
The second lawsuit, filed in September 2022, also accused Herne of grooming behavior, saying he’d made explicit suggestions and used confidential information in his efforts to connect with her, even visiting the patient at her church after she was released.
“OSH has a culture of tacitly approving inappropriate relationships between staff at OSH and patients or former patients,” the suit claimed.
Each case was settled for $500,000, which included any attorney fees.
Earlier this year a federal inspection report said state hospital management had not done enough to protect patients from sexual assault.
