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NewsWednesday, February 20, 2008 6:04 PM CST
Streator man wins $24 million in medical malpractice suit
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OTTAWA — A jury has awarded a Streator man almost $24 million for brain damage suffered after entering a hospital to have a kidney stone removed, according to court records from the medical malpractice case.

Adam Porter, now 34, entered St. Mary’s Hospital, Streator, in 2001 to have a kidney stone removed. While there he suffered cardiac arrest, which interrupted the flow of oxygen to his brain, the lawsuit stated.

The injury put him in a wheelchair, took away his fine motor skills and caused spastic movements, severe double vision and slurred speech, according to the lawsuit.

$23.7 million judgment

At the end of the trial last week in front of LaSalle County Judge James Lanuti, the jury ruled Dr. John Podzamsky and nurse practioner Patricia Duffield should pay Porter $23.7 million.

During the trial, which began Jan. 30, Dr. Ephraim Betambuze and nurse anesthetist Linda Blair settled for $1 million each.

Porter, a former phone company employee, was represented by James Ginzkey of Bloomington.

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Reader comments on this story - 18 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

WILLIE wrote on Feb 25, 2008 9:34 AM:

" Why would the hospital be responsible? He must have been in bad shape to begin with because what happened to him happens slowly in life because of the way he ( didn't ) take care of his body. To blame the hospital and be compensated is what makes people sue for money everytime they hear someone fart. Had I been part of that dumb jury he would have had to pay them for saving his life.. Doctors will be a thing of the Past, if they are sued often because insurance for them is costly. "

St Armadillo the laminated wrote on Feb 21, 2008 7:59 AM:

" OH yeah, did you ever notice only doctors and lawyers get to "practice" everybody else has a job. "

Saint Armadillo the laminated wrote on Feb 21, 2008 7:34 AM:

" ......must agree, I don't think of the plaintiff WON. But,James Ginzkey sure did. Probably about 33% or 8 mil.. "

To Rich and Bruce wrote on Feb 20, 2008 5:29 PM:

" Rich wrote "obviously there was negligence" and Bruce commented that the nurse "must not have been paying attention". This man went in for a treatment, and came out in a wheelchair. You are however drawing an opinion without any facts present. We don't know if he received too much anesthetic or if he had a reaction to it. Even if the nurse and MD caught this immediately, there isn't any guarantee that they could have reversed the effects of the medication. It's a bad situation and I do feel sorry for the gentleman, however we don't know all the facts. "

WOW!! wrote on Feb 20, 2008 11:31 AM:

" this just goes to show that you shouldn't trust STREATOR doctors.... "

Wake up wrote on Feb 20, 2008 11:21 AM:

" It is not a question as to whether the hospital was responsible for the heart attack but how were they monitoring him and how did they respond when the heart attack started. My guess nobody was paying attention and as a result there was a very delayed respond to his heart attack resulting in the brain damage. "

Wow wrote on Feb 20, 2008 11:18 AM:

" Way to go Mr. Ginzkey!! Good luck to the plaintiff and god bless. "

Bruce wrote on Feb 20, 2008 10:41 AM:

" The evidence of fault and disability must have been overwhelming for a jury in what is considered a conservative part of the state to make such a substantial award. The future care-taking costs could easily have exceeded $10 million. To answer the questions about why hospital personnel could be responsible for his heart stopping during the procedure: anesthetic drugscould easily have been responsible for the arrest, and it is the job of the anesthesiologist or nurse anesthetist to monitor the patient's vital signs continuously throughout the procedure. He or she must not have been paying attention. "

Rich wrote on Feb 20, 2008 10:06 AM:

" When you go into a hospital for kidney stone treatment, you should not come out paralyzed, brain damaged and in a wheelchair! Obviously there was negligence. It's too bad that the hospital, doctors and their insurance co. chose to deny their responsibiliy and force Mr. Porter to go to court. If Mr. Porter lives a normal life expectancy to 75, the compensation found by the jury will barely cover his medical costs for the next 40+ years. What about his ruined life? "

Former Resident wrote on Feb 20, 2008 6:17 AM:

" I grew up in Streator and have since moved away. I knew of Adam's story long before the "award". What you fail to realize is the quality of life that has been removed. Before all of this happened, Adam was like any other great father and husband. Since this, he's lost the greatest opportunities. He can't carry his kids to bed, toss a football around in the yard, or carry out basic household chores for his wife. I don't understand the legality of it all, but I have to wonder how much of this "award" will end up paying medical bills. Nothing can replace what he's lost. Nothing. "

Michelle wrote on Feb 20, 2008 5:23 AM:

" I am wondering the same thing as "I don't get it." How is the Dr./NP/CRNA responsible for this man's heart stopping in surgery? I would like to know more as well. "

me neither wrote on Feb 19, 2008 7:41 PM:

" not sure anybody is at fault, but disability is not worth any amount of money "

What matters wrote on Feb 19, 2008 5:51 PM:

" What you have to realize is that it doesn't matter how much he is awarded, it is how much the insurance companies will pay / what the limits of the liability policies are. "

Eric wrote on Feb 19, 2008 5:22 PM:

" Does it really matter, this is such a sue happy country when, someone sues McDonals because her coffee is hot!! I would put money on a bet that that same woman would pitch a fit if she got it Cold... "

I don't get it wrote on Feb 19, 2008 3:28 PM:

" How is the hospital responsible for the man's heart attack? I need to see a few more facts please. "

agreed wrote on Feb 19, 2008 3:08 PM:

" I agree. And what's with the 'allegedly' stuff, didn't the jury find that the evidence sufficient to prove that he did suffer brain damage... "

I am sorry wrote on Feb 19, 2008 2:56 PM:

" for this man because all the money in the world will not bring back the damage his body has taken.

I do wish him the best though! Take care. God bless! "

hardly wrote on Feb 19, 2008 2:39 PM:

" I'd hardly classify it as "winning' 24 million...sounds like he 'won' the lottery. rather, i'd see it as he was "awarded" 24 mill for the damages he has suffered. just me though...not something i'd like to go through to 'win'. "

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