Clifford Law Offices Obtains $12.5 Million Verdict Against Rush Presbyterian St. Luke's Hospital

Robert Clifford of Clifford Law Offices in Chicago received a $12.5 million verdict late Thursday on behalf of an orthopedic surgeon who was left partially paralyzed following a spinal anesthetic administered at Rush Presybterian St. Luke’s Hospital.

Dr. James York, 72, of Lighthouse Point, Florida, went in for knee surgery in 1998. Dr. Abdel El-Ganzouri, an anesthesiologist, negligently punctured the patient’s spinal cord and injected anesthesia fluid, leaving his right leg partially paralyzed. The jury verdict is believed to be a record in the state for a partially paralyzed lower limb.

York, a retired orthopedic surgeon, traveled frequently to Africa to help the poor with his surgical skills, but he can no longer due so following the incident.

"Dr. York was a community servant and the world has lost the value of those skills," Clifford said after the verdict. "He will be in pain for the rest of his life and it was due to negligence that was avoidable. This verdict will allow Dr. York to receive the care he needs."

The five-man-seven-woman jury deliberated just two and a half hours before returning the verdict following a three-week trial. Judge James P. Flannery, Jr, of the Cook County Circuit Court presided at the Daley Center.

The jury awarded Dr. York $6 million for disability, $2 million for disfigurement and $3 million for future pain and suffering. Elizabeth York, his wife, 70, received $1 million for loss of consortium. The jury also awarded approximately $500,000 for medical bills.

"It is particularly devastating for this couple to suffer as they have as a result of the avoidable negligence," Tomasik said. "Generally people look forward in their golden years to enjoying a fruitful life of comfort and health. Instead, the Yorks were giving back so much in their missionary work and that has abruptly been taken away from them. It is a loss to the entire community."