OREGON, Ohio — A lawsuit lodged against two police departments and a local hospital claims mistreatment and medical negligence led to severe brain damage for an Ohio man, Mark Silva, who now requires around-the-clock care after an incident during a traffic stop last year.
Representatives from the Genoa and Oregon police departments, alongside Mercy Health St. Charles Hospital, are implicated in the legal action that alleges excessive force and improper medical treatment following Silva’s detainment on Oct. 15. According to the lawsuit, police officers employed force which was unnecessary and exacerbated by Silva’s evident mental health crisis.
Silva’s son, Mark Silva Jr., described the officers’ treatment of his father as “wrong and inhumane,” underscoring a tragic day that has irreversibly altered their family’s life. During the traffic stop, Mark Silva, who was experiencing a mental health episode, was initially taken to Mercy Health St. Charles for evaluation, attorney Jacqueline Green stated.
Green detailed that instead of using de-escalation techniques, a Genoa police officer tased Silva multiple times as he attempted to walk away. Oregon police were then called for backup, which led to Silva being physically restrained. “The officers were sitting on his back, pushing his face into the ground, and holding his arms stretched above his head,” Green explained.
The attorney emphasized the dangers of such restraint techniques, pointing out that they can lead to positional asphyxia, a scenario where the position of a person’s body interferes with respiration. Green alleged that during this restraint, Silva turned unresponsive. Although an Automated External Defibrillator (AED) was brought to the scene, it was not used.
Body camera footage described by Green suggests that significant time elapsed before CPR was initiated after Silva was brought back into the hospital — a delay that reportedly led to his brain being starved of oxygen for a lengthy period.
Now, Silva is neurologically unresponsive and lives under the full-time care of his son, who has taken on the role of his legal guardian. Silva Jr. described the turn of events as having turned their world “upside down,” noting the substantial emotional and practical support from their extended family. “Every part of our lives has changed. We only hope for some measure of justice and accountability,” he added.
The legal proceedings, just beginning, are expected to extend over several years, according to Green. For Silva’s family, the lawsuit represents a dual quest for personal redress and broader police reform. They express a determination to see changes that prevent such incidents from recurring.
Both the Oregon Police Department and Mercy Health have refrained from commenting in detail due to the pending litigation. Oregon Police Chief Brandon Begin, however, noted, “The Oregon Police Division denies any wrongdoing in this matter and we will contest the claims through the proper proceedings.”
The unfolding case highlights pressing questions about law enforcement interactions, particularly involving individuals experiencing mental health crises, and serves as a poignant reminder of the life-changing implications such encounters can hold.