The Oregonian | By Aimee Green | March 5, 2019
The mother of a Portland State University student who died in a campus apartment has filed a $25 million lawsuit against the university claiming PSU negligently prescribed her son the medication that killed him.
Ty Murray Irving, 25, died on March 12, 2016, after he took Ambien that he was prescribed at PSU student health services to help with his trouble sleeping, according to the lawsuit filed Monday and the estate’s attorney.
But Irving shouldn’t have been prescribed Ambien, the lawsuit says, given “red flags” that made him an improper candidate for using the drug, including his history of lung weakness and breathing problems. The suit faults student health services for failing to adequately investigate Irving’s health history or warn him that Ambien could end up killing him.
Kenny Ma, a PSU spokesman, declined comment Tuesday.
Irving was a senior, studying English literature and creative writing and living in a one-bedroom PSU apartment, said his mother, Colette Murray.
She said her son was born at 24 weeks and 3 days — a micro preemie, weighing 1 pound 1 ounce at his lightest. Irving emerged a survivor, she said, with the only lingering health problem being his lungs.
“Ty went through a lot to get where he was,” she said.
Murray said her son gave student health services a full health history that described problems with his lungs. He was then prescribed Ambien for bronchitis, she said. Later, he was prescribed the drug for sleep problems.
Murray said she asked her son whether the drug was safe, and he said it was OK because it was prescribed.
“He said, ‘Relax, Mom. It was given to me by a medical professional,’” Murray said. “His last words to me were, ‘Mom, I’d pay a million bucks for a good night’s sleep.’”
Portland attorney Michael Fuller is representing Irving’s estate. The lawsuit was filed in Multnomah County Circuit Court. Read the lawsuit here.
