08/05/2008 – Bend
by Matt McDonald
 
"...according to the law and the evidence that is given to you so help you god."
"I do"
 
The jury was sworn in Tuesday afternoon in a wrongful death case that has almost ten million dollars on the line. Stephen Brenn the son of a Jeld-Wen company founder, checked himself into Saint Charles Medical Center for an ankle replacement in 2006. The surgery went well, but Brenn died in recovery. Saint Charles has already settled with the Brenn's wife who filed the suit. Now the case is being presented against Dr. Anthony Hinz
 
"We're saying the Oxycontin killed him, that the doctor prescribed, it was the doctor's negligence," William Barton, the attorney for the plaintiff said in court on Tuesday.

But the defense says its not so simple.
 
"It's not clear why he died that night, but he died," said defense attorney Gordon Welborn.

In fact, the defense says the doctor did his job right and had left for the day, leaving the Brenn's care in the hands of the hospital nursing staff.
 
"If we have to we'll prove that the nurses failed to do their job properly," said Welborn.
 
But lawyers for Brenn's family are saying ultimately it's the doctors responsibility and that they need only one of three key points to make their case.
 
"We actually have to show any one of three things, a lack of care, skill or diligence, and because of one of those three things, someone was hurt," said Barton.
 
The case is being heard by a twelve person jury in the Deschutes County Court and is expected to last seven days.