A Gatlinburg man won the largest court judgment in Sevier County history in his malpractice case against a Sevierville physician.
The Mountain Press, February 17, 2006
Written by Jeff Farrell
After listening to six days of testimony, a jury returned an $8.5 million judgment Wednesday against Dr. Ammar Razzak in a lawsuit filed by the mother of Rick Orr. The judgment will be lowered slightly, however, based on the jury's ruling that Orr was 15 percent responsible for his condition because he failed to heed Razzak's advice to see a primary care physician after his brief hospital stay. Based on that factor, Orr's family would receive about $7.2 million as a result of the verdict.
Orr's mother, Suzanne Orr, sobbed and embraced her legal team as Judge Duane Slone read the jury's decision. Her attorneys were delighted as they left the courtroom.
"I'm the happiest lawyer that you've ever seen," attorney Jeff Rosenblum said. "Eight and a half million dollars, we're told, is the biggest ... judgment in the history of Sevier County."
Officials with the circuit court clerk's office said it was the largest ruling of which they knew.
Defense attorney Robert Watson Jr. said the case is not over.
"I'm sure there will be appeals that will be filed," he said.
Suzanne Orr filed the lawsuit on her son's behalf, claiming Razzak should have found a heart tumor that led to her son's stroke. Orr's girlfriend brought him to Fort Sanders Sevier Medical Center after he either lost consciousness or had a seizure about a year before the stroke. His attorneys maintained that the tumor would have been large enough to detect and treat when he came under Razzak's care, and that his symptoms should have led Razzak to order a test that would have found it.
The stroke left Rick Orr unable to care for himself; he has since been cared for by his mother and girlfriend. The judgment includes money to pay for improved care, as well as damages.
Slone praised the jury for its efforts.
"You've been the most attentive jury I've had," he said as he dismissed them after the judgment.
"I want to commend both sides for a well-tried lawsuit," he added. "It was a very contentious, as it should have been, but I have nothing but respect for all four of you."
The lawsuit originally named Covenant Health, which is the parent company of the Sevierville hospital; as well as other doctors who saw Orr, but all other defendants had been dismissed through motions or rulings before the matter went to trial.
The jury's verdict indicates it felt Razzak failed to meet the community's standard of care when he treated Orr.
In addition to the seizure or loss of consciousness Orr suffered before coming in, his attorneys said Razzak found Orr had a left atrial enlargement and that nurses noted he was confused in his speech. Based on those symptoms, his attorneys said Razzak should have ordered an echocardiogram; the jury apparently agreed in making its ruling.
After The Mountain Press asked officials of Fort Sanders Sevier Medical Center whether the jury verdict would cause a change in treatment policy, the hospital issued the following statement:
"While physicians make the final decisions regarding patient care, the hospital and our medical staff work together to continually review and improve our clinical processes to insure that we provide the highest quality of care."
Razzak had just ended his term as chief of staff of the Sevierville hospital; a spokesperson said the position rotates through different physicians.
Razzak remains on the staff of Fort Sanders Sevier.
©The Mountain Press 2006