37 Trial Lawyer • Fall 2023 the man, with one guest describing it as “one hell of a crowd.” Memorial Serkin’s case resolved in the seven figure range during mediation. The hospital sought a confidentiality clause which we refused. Our refusal to sign a confidentiality clause had no bearing on settlement negotiations. Serkin’s widow wanted to be able to talk about the case and use it to advocate for patient safety, specifically related to ensuring uninterrupted power at hospitals. We believe this case has lead to safer hospitals in Oregon and throughout the country. When done right, the true beauty of our work comes when another life is saved — or might be saved — someone we will never know or hear about. Marc Johnston is the owner of Johnston Law Firm, PC. He specializes in catastrophic personal injury, trucking, workplace injury, wrongful death and medical malpractice cases. Johnston is a member of the OTLA Guardians of Civil Justice at the Sustaining Member level His firm is located at 200 Market St., Ste. 1900 Portland, OR 97201. He can be reached at marc@johnston-lawfirm.com or 503546-3167. great grandchildren. The hospital suggested mediation before filing suit, and we agreed. No hospital wanted its multi-level power failure in the news. Media consultant Michael Kesten helped put together a video detailing the hospital’s negligence, along with a witness and picture packed story video of Serkin’s life. In preparation for mediation, we sought out and retained the pre-eminent emergency management consultant in the country, Eric Cote, who specializes in emergency power systems for hospitals and other critical infrastructure. In our mediation video, Cote described the hospital’s negligence, “Physicians performing the cardiac catheterization on Serkin were unaware that a test of the generator was scheduled for that time. Their notes from the procedure indicate the screens they were using to see the guidewire being inserted into Serkin to clear a blockage suddenly went dark. Their visibility of the procedure was shut off and they had to immediately stop the procedure.” When asked about causation, Cote stated, “It’s unfathomable to me that a generator test would have been conducted at the very time Serkin was undergoing an emergency procedure to save his life. That failure to communicate clearly resulted in the loss of his life because that life-saving procedure that was underway when that generator test initiated had to be stopped, leading to his death.” Lay witnesses Julia Serkin is a career emergency room nurse. She is experienced, credible and sympathetic, and she added weight to our mediation video, stating, “I know from working in acute care hospitals for the last 40 years, you have to do the generator runs, but you do it when its safe, you don’t do it during a cardiac procedure.” The beautiful stranger I never had the chance to meet Harold Serkin. Unfortunately, that’s how wrongful death cases work. But if we do our job right, we feel like we get to know and understand the life and legacy of our clients who die. I feel like I know Serkin and can appreciate why people loved him so much. Re-watching the mediation video in preparation for writing this article brought me to tears. Serkin was an incredibly special person, serving as an example of how I want to live my own life. Friends and family agreed: this was a man who gave back to everyone. As his stepdaughter stated, “He was just happy all the time. He made people happy. He was a father, grandfather, great co-worker. That beautiful helpful stranger that says something nice to you just when you need it. That’s who he was.” The theme of Serkin’s life was that of a kind, charismatic, friendly, joyful man who brightened any room he walked into. He loved people and always tried to make every person he met feel like the most important person in the world. Serkin was beloved by all, in part because he made those around him feel special. Serkin was a fierce and caring friend, and a positive influence on all who knew him. He was an example to his family and to the world of how to lead a compassionate life, and how to brighten the day of everyone we come in contact with. A long-time family friend described Serkin as, “A good friend, a good father, a good grandfather, a good husband, a good athlete, a good human, a friendly person, a gregarious person. He was a person who needed people. We lost a people person, and the world doesn’t have enough of those.” The crowd Serkin drew at his celebration of life was telling of his contribution to those who knew him. Over 130 people gathered to celebrate Harold and Julia Serkin led full and happy lives prior to his untimely death.
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