Madison County Circuit Judge David Hylla is set to hear a motion to dismiss a man's suit against his doctors and Alton Memorial Hospital stemming from his stroke.
Defendants Dr. Theodore Vandervelde and his practice Midwest Radiological Associates P.C. claim that plaintiff Ken Sexton has not alleged that they were negligent in interpreting an ultra sound test of the plaintiff's upper abdomen in July 2008 and that Sexton's claims are barred by the statute of limitations.
Hylla is set to hear the motion at 9:30 a.m. on Dec. 3.
According to his complaint, Sexton suffered a stroke in September 2008 while under the care of Dr. Wesley Harris, a defendant in the suit.
The suit claims that Harris failed to recognize Sexton wasn't suffering symptoms related to his gall bladder, that Harris scheduled gall bladder surgery without doing additional tests and that he did not discontinue Sexton's medications that caused the September stroke.
The suit contends that Vandervelde did not interpret the ultra sound test taken in July and that he failed to recognize that the plaintiff's symptoms didn't relate to it.
The plaintiff is suing the radiological practice as Vandervelde's employer and the hospital for misreading the tests and allowing Sexton to suffer the stroke that left him without the use of his left side, with slurred speech and other symptoms.
The plaintiff seeks damages in excess of $50,000 per count and costs.
John Hopkins represents Sexton.
Jeffrey Glass represents Harris.
Mark Gonnerman represents Vandervelde and Midwest Radiological Associates P.C.
Dawne Supanci represents Alton Memorial.
The case was previously part of Madison County Circuit Judge Andreas
The case is Madison case number 10-L0-962.