One of Oregon’s largest private practice law firms, Miller Nash, announced a $1 million settlement in a pro bono case where an Oregon adult in custody, Jabbar Al-Khafagi was allegedly denied care resulting in his loss of sight in one eye.
“Mr. Al-Khafagi suffered severe pain from an untreated medical condition that resulted in losing sight in his left eye,” said Heather Van Meter, Miller Nash partner and pro bono lead on the case. “He suffered repeated eye infections, a botched eye surgery that damaged his eye and multiple detached retinas until it slowly, painfully died inside his head.”
Now 70 years-old, Al-Khafagi is an American citizen originally born Iraq. He fought against Saddam Hussein in the Iraq Civil War and has a bullet lodged in his chest still today from this fighting. He fled with his family to the U.S. as political refugees. After arriving in the U.S., Al-Khafagi voluntarily returned to Iraq with the U.S. military during the second Gulf War to serve as a guide to help find Saddam Hussein and his men. Al-Khafagi was originally jailed in 2014 after violating a restraining order.
“When Mr. Al-Khafagi entered the state’s custody in 2014, he was able to see out of both of his eyes and relied entirely on the Oregon Department of Corrections to provide constitutionally guaranteed healthcare,” said Sophia von Bergen, supporting attorney on the matter. “This case reflects that the Oregon Department of Corrections needs to make drastic improvements to how it provides healthcare to adults in custody.” The Oregon Department of Corrections has not admitted any wrongdoing as part of the settlement.
Al-Khafagi had been a mechanic, welder, carpenter and successful business owner. He raised five successful children and has 10 grandchildren, some of whom he has never met. He has served the mandatory portion of his sentence and is eligible to be considered for release.
“We are so sad that our aging father has lost his sight due to the prison’s health system problems,” said son Firas Al-Khafagi. “He is an elderly man, a father and grandfather, who previously helped the U.S. military. He has served his time and suffered enough. We just want the Governor to send him home.”
Firas wants to ensure that his father has time to see and hold his grandchildren while he is still alive and has some vision remaining in his right eye.
“Mr. Al-Khafagi is an elderly man who continues to suffer significant eye pain every day,” added Van Meter. “There doesn’t appear to be any social value in his remaining in prison. The humane thing to do is release him immediately so his family can provide him with proper care in his aging years.”
Miller Nash has become one of the leading private law firms accepting direct appointments from the court to represent pro se litigants such as Mr. Al-Khafagi.
“Miller Nash has a long tradition of advancing access to justice for underserved communities in Oregon,” said John Clarke, head of Miller Nash’s pro bono program. “I am very proud of our attorneys and staff on achieving this historic result through their hard work and dedication to pro bono service.”
