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Trial starts for ex-anchorman who says OHSU made him partially paralyzed
07:49 AM PDT on Wednesday, August 23, 2006
A former Portland TV anchorman is suing Oregon Health & Science University for what he described as a botched surgery.
KGW photo
Ken Ackerman talks about the lawsuit.
The trial began Tuesday in Multnomah County Circuit Court with Judge Michael Marcus presiding.
Former Portland TV anchor Ken Ackerman said a routine neck surgery left him partially paralyzed and he has never completely recovered.
He claims surgeons pushed a surgical rod into his spinal cord, which cause the paralysis.
Mark Wagner, an attorney for OHSU and the physicians involved, claimed Tuesdsay that Ackerman is playing tennis again and is even more active than before the surgery. But he also admitted Ackerman was hurt during the surgery.
Trial opens with dueling pictures
"The issue we contest is whether this problem occurred as a result of malpractice or negligence or a medical mistake, or whether it was a known risk of surgery. That's the fighting issue," Wagner said.
Background
"It was a surreal feeling when I woke up," Ackerman said. "It was dark outside, I was hooked up to tubes, my parents and friends were all there, and my mother was crying. Then, the doctor told me I was paralyzed."
Now, Ackerman, who was a well-known news anchor on KPTV, and more recently on KATU, said he lives with his right arm constantly in pain. He said he can't type or even button shirts with his right arm.
He's suing the hospital and doctors for $5 million.
"Ackerman's lawsuit aims to hold OHSU physicians Alex West and Jonathan Carlson accountable for causing him partial paralysis and permanent physical injuries," explained attorney Michael Keston.
But OHSU General Counsel Amy Wayson said Tuesday that there was no merit to Ackerman's claims.
“OHSU and its physicians provided high quality care to Mr. Ackerman. We are confident that the jury will find this to be the case and that OHSU and its caregivers will be exonerated,” Wayson said. "OHSU is a leader in providing high quality health care in the Portland metropolitan area, and in the state."
OHSU doctors are shielded by a state law that limits their liability to $200,000. But last month, the Oregon Court of Appeals overruled the cap in another malpractice case. If it turns out that doctors are held for more than $200,000 damage, they'll likely appeal.
Ackerman said he was stunned to learn that a second-year resident took part in his surgery, even though he had signed a consent form agreeing that physician Alex West would be performing the operation.
(kgw.com reporter Antonia Giedwoyn and AP also contributed to this article.)
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