Jason Jay Lewis, a 45-year-old Fairview man, was a father of two sons, ages 11 and 21, and worked as a DoorDash driver. After his death, his family filed a $40.75 million lawsuit against Legacy Health, alleging that care at a Legacy emergency department contributed to his death.
The lawsuit was filed in Multnomah County Circuit Court, The Oregonian/OregonLive reported. It names Legacy Health and Jennifer Yealy, a physician associate, as defendants.
Days of Fever Before the ER Visit
The lawsuit says Lewis sought help through a telehealth appointment with his Adventist Health primary care provider on February 21, 2025. He reported sinus pressure, congestion, body aches and a fever that had remained at 103 degrees for four days, falling below 100 only with Tylenol. Tests for COVID-19, respiratory syncytial virus and flu were negative. Attorney Chris Kuhlman said the suit does not fault Adventist Health for its initial screening.
The complaint alleges that Lewis went to the emergency room at Mount Hood Medical Center in Gresham the next day and that testing showed multiple abnormalities, in addition to a rapid heart rate and high white blood cell count. It says Yealy diagnosed a viral upper respiratory infection and discharged him without antibiotics.
A Diagnosis That Came Too Late
The lawsuit says Lewis later went to Providence Portland Medical Center, where he was diagnosed with sepsis, acute respiratory failure and toxic shock syndrome. It identifies Group A Streptococcus, also known as Streptococcus pyogenes, as the infection involved. The bacterium spreads through tiny droplets from coughs or sneezes and can cause strep throat, rheumatic fever and scarlet fever. Lewis died after the hospitalization.
A Legacy Health spokesperson declined to comment, citing pending litigation. Physician associates in Oregon were previously known as physician assistants.
Why Group A Strep Can Turn Deadly So Fast
Group A Streptococcus is a known but under-recognized killer. Toxic shock syndrome, which Lewis was diagnosed with, can be severe. Sepsis is a serious condition.
Other Legal Claims at Mount Hood
The Oregon State Bar says medical malpractice suits in Oregon must be filed within two years of when an injury was discovered or reasonably should have been discovered, with a five-year outer limit. The Lewis family's filing, following his February 2025 death, falls within that window.
How Oregon handles damages limits
The Oregon Supreme Court struck down a $500,000 limit on noneconomic damages in 2020, and the Legislature narrowed statutory caps in 2021 to wrongful-death actions, according to Huegli Law. The Oregon Legislature’s 2025 statutes title ORS 31.710 as a limitation on noneconomic damages in wrongful-death claims. That heading alone does not establish how the provision applies to the Lewis family’s pending suit.
The lawsuit is among the recent legal claims involving Legacy Health. Legacy Mount Hood Medical Center is a full-service community hospital serving the Gresham area.
Earlier this month, Hoodline reported on a separate $17.5 million lawsuit alleging Mount Hood staff failed to diagnose a parasitic roundworm infection before administering immune-suppressing drugs. The Temesgen case concerns allegations against Mount Hood staff.
