Marilyn Heiken

Marilyn Heiken Attorney

Marilyn Heiken has over twenty seven years of experience litigating personal injury claims, including medical malpractice, wrongful death, workplace third party claims, and truck and car crashes. Marilyn can be reached at 541-484-2434, or by email at

In 2019, Marilyn resolved a claim on behalf of the family of a woman who died from an internal hemorrhage after colon surgery at a public hospital. She also helped to litigate and resolve a claim for a man who was paralyzed from an epidural steroid injection, and another claim for the family of a woman who died as a result of untreated necrotizing fasciitis.

In 2018, Marilyn resolved a medical malpractice claim for a young woman who became pregnant when her doctor failed to properly insert her birth control implant. Also in 2018, Marilyn was part of a team of lawyers who litigated and tried to verdict a case for a man who was paralyzed when a log rolled off the semi truck he was unloading and hit him in the head.

In 2017, Marilyn was co-counsel on a case where a diesel mechanic was crushed by a semi-truck. Marilyn worked with the man’s family to show that the community suffered a great loss when the mechanic was killed, and that the trucking company was responsible for his death. In 2016, Marilyn represented a young man who was viciously attacked by a police dog on the bike path on his way home from the grocery store. She was able to show the police were looking for another man when their dog attacked an innocent man. In another case, Marilyn successfully represented an elderly woman whose leg and arm were broken when her caregiver ran over her with a motorized wheelchair, sending the woman to a nursing home for months. Marilyn was able to show that the employer was negligent for failing to train the caregiver. Marilyn was co-counsel in a successful claim against a Jackson County surgeon who negligently cut a patient’s bile duct during a laparoscopic gallbladder surgery, causing the patient to suffer life-long health consequences.

In 2015, Marilyn helped to recover $1,025,000 for a teenage boy whose neck was broken at a poorly managed trampoline court in southern Oregon. With her strong advocacy and legal work, the team was able to hold the owners of the trampoline court accountable.

In every case she handles, Marilyn works with a team of dedicated legal assistants, law clerks, and lawyers. It is a tremendous advantage to have talented staff and experienced lawyers in the same office to discuss issues and develop case strategies. She also appreciates the financial resources the firm has to retain experts and investigators to prepare cases.

Marilyn is admitted to practice in the U.S. District Court of Oregon and in the Oregon State Courts. Marilyn serves on the Oregon State Bar’s Local Professional Responsibility Committee, on the Editorial Board for the Oregon State Bar Torts publication (1996 to present), and she is the Co-Chair of the Oregon Trial Lawyers Publications Committee. She is a member of the American Association for Justice (AAJ), a Guardian Member of the Oregon Trial Lawyers Association (OTLA), the Lane County Bar Association, and the Oregon State Bar Association.

Education: B.A. in English Literature, summa cum laude, University of Oregon, 1987; J.D., University of Oregon, 1992.

Marilyn is married to Doug Heiken, and they have a daughter, Emmaline. Outside of work, she hikes, bikes, knits, and paints.

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  • Elected Delegate to Oregon State Bar House of Delegates, Region 2
  • Member, American Association of Justice (AAJ)
  • Guardian Member, Oregon Trial Lawyers Association
  • Member, Lane County Bar Association
  • Member, Oregon State Bar Association
  • Member, Oregon State Bar Professional Responsibility Local Committee

Published articles

  • Editor, Oregon Torts CLE, Oregon State Bar Publication (1996 to present)
  • “Workers’ Compensation Liens in Third Party Claims,” OTLA Trial Lawyer, Summer 2019
  • “Potential Malpractice Trap in the OTCA,” PLF in Brief, January 2019
  • Co-Author, “Characters Who Shaped Our Character,” OTLA Trial Lawyer, Summer 2017
  • “Landslide,” OTLA Trial Lawyer, Winter 2016 Editorial Board, 1 and 2 TORTS (OSB Legal Pubs, 2006, 2012)
  • Co-Author, “Wrongful Death and Survival of Personal Injury Actions,” 2 TORTS (OSB Legal Pubs, 2012)
  • Co-Author, “Medical Malpractice,” Chapter 11, 1 TORTS (OSB Legal Pubs, 2006)
  • “The Law and Pleasure Boating,” OTLA Trial Lawyer, Winter 2005
  • “Nursing Homes and Unsafe Premises,” OTLA Trial Lawyer, Spring 2003