Former KATU anchor awarded $1.4 million

Former KATU anchor awarded $1.4 million

By Associated Press

PORTLAND, Ore. (AP) - A Multnomah County jury awarded $1.4 million in damages to a former Portland television anchorman who claimed that doctors at Oregon Health & Science University botched his back surgery.

Ken Ackerman, 45, said the Dec. 15, 2003, surgery has caused him to live with a constant pain in his right arm and without most of the fine motor skills in his right hand. He had sought $5 million.

OHSU's head of neurosurgery recommended that Dr. Alex West perform what was expected to be a 45-minute surgery to repair a bulging disk. According to Richard Rogers, Ackerman's attorney, a resident who had never performed or assisted in that type of operation conducted key portions of the surgery.

The jury awarded Ackerman $412,000 in economic damages and $1 million in punitive damages, according to reports from a Portland television station Web site and a Portland newspaper Web site.

Mark Wagner, a lawyer for OHSU, acknowledged during opening statements last month that Ackerman had "deficits" linked to the surgery. But he said those problems were a known risk of the surgery, not negligence or medical malpractice.

Wagner also displayed photos of Ackerman exercising after the surgery, including a snapshot of Ackerman swimming. Moreover, Wagner told jurors that Ackerman continues to play competitive tennis at the West Hills Racquet Club.

Ackerman had been a figure in Portland television since 1989, most recently as co-host of "AM Northwest" on KATU. Ackerman left the station in 2005.

OHSU doctors are shielded by a state law that limits their liability to $200,000. The Ackerman suit was the first case to come to trial since last month when the Oregon Court of Appeals overruled the cap in another malpractice case.

(Copyright 2006 by The Associated Press. All Rights Reserved.)

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