The family of a security guard who lost his life in a shooting incident at a Portland, Oregon hospital has filed a lawsuit seeking $35 million from the facility. The suit, lodged on Tuesday, claims negligence on the part of the hospital, asserting that it failed to take adequate precautions in response to threats posed by the shooter, who had displayed alarming behavior over several days.
In the wrongful death lawsuit filed on behalf of Bobby Smallwood’s estate, his family contends that Legacy Good Samaritan Medical Center did not adhere to its own policies designed to prohibit violence and weapon possession within the premises. Despite staff members reporting aggressive behavior and threats made by the gunman in the days leading up to the tragic event, the hospital allowed him access to the facility, ultimately contributing to Smallwood’s death.
Attorney Tom D’Amore, representing the family, remarked, “The numerous lapses by Legacy Good Samaritan in following their established safety protocols directly resulted in the preventable death of Bobby Smallwood.” He noted that there were documented threats and abusive actions requiring immediate intervention, yet the hospital permitted the gunman to remain on-site for three days until the situation escalated fatally.
Legacy Health has declined to provide comments on the ongoing litigation, citing its policy on pending legal matters. The tragic shooting reflects a broader trend of violence in U.S. hospitals and medical centers—a concerning issue as healthcare workers have accounted for 73% of all nonfatal workplace violence injuries recorded in 2018, as indicated by the U.S. Bureau of Labor Statistics.
The shooter, identified as PoniaX Calles, first arrived at the hospital on July 19, 2023, in connection with his partner’s imminent childbirth. Reports from nurses and security personnel on July 20 and 21 detail multiple incidents of violent conduct and threats made by Calles; however, this important information was reportedly neither shared nor made available to those who were interacting with him.
On July 22, nursing supervisors decided to move Calles from his partner’s room, with Smallwood accompanying him to the waiting area outside the maternity ward. Other security officers subsequently discovered two loaded guns in a duffel bag belonging to Calles, with indications that a third weapon may have been concealed on him, as per the lawsuit.
The complaint notes a lapse of more than 40 minutes between the finding of the weapons and Smallwood’s shooting. Merely two minutes before the incident, a fellow security guard signaled to Smallwood through glass doors regarding Calles being armed. Following this, Smallwood approached Calles to initiate a pat-down, but Calles chose to leave instead. As Smallwood was escorting him out of the hospital, Calles fired a shot, fatally injuring him in the neck.
The lawsuit claims that the hospital did not activate a “code silver”—the alert for an active shooter—until after Smallwood had already been shot. The impact of this loss has been profound for Smallwood’s family, as they expressed in a statement, “Our lives will never be the same after losing our son. Every day brings new grief over what should have been his future.” They are determined to pursue accountability from Legacy for their tragic loss.
In response to the shooting, Legacy Health announced intentions to enhance security measures, including installing additional metal detectors, implementing bag checks at all facilities, supplying more security personnel with stun devices, and applying bullet-resistant film to certain glass areas within the hospital.
Efforts to combat violence against healthcare workers have gained momentum, with approximately 40 states enacting laws that either establish or heighten penalties for such acts. In response to the growing risks, many hospitals have introduced armed security personnel, equipped with various tools like batons, stun guns, or firearms, while some states now permit hospitals to establish their own police units.