A Florida jury has awarded $2,850,000 to a heart and lung transplant surgeon who claimed that he had been fired in violation of the state's whistleblower law.

Facts and Allegations

After heart and lung transplant surgeon Ahmad Z. Chaudhry was fired by the hospital for which he had been working, he sued.

Dr. Chaudhry claimed that the hospital had retaliated against him and ultimately had fired him because he had complained about alleged violations of Florida's patient safety laws. He sued the hospital, asserting a claim under Florida's whistleblower law and for intentional or reckless infliction of emotional distress.

The defense maintained that Dr. Chaudhry's actions did not count as whistleblowing because he had only made complaints to hospital employees, not to any government agencies. The defense also insisted that Dr. Chaudhry had been fired for poor performance, namely his failure to get new patient referrals.

Result

The jury determined that Dr. Chaudhry had been fired because he had engaged in protected activity, and that this termination had caused him damages. It awarded him $2,850,000.

The case is Chaudhry v. Adventist Health System Sunbelt, Inc., No. 2014-CA-013278-O (Fla. Orange C. Cir.Ct. Feb. 23, 2018). Attorneys involved include: Lincoln J. Connolly; Lincoln J. Connolly Trial & Appeals, P.A.; Miami, FL, for Ahmad Z. Chaudhry; Stuart N. Ratzan; Ratzan Law Group, P.A.; Miami, FL, for Ahmad Z. Chaudhry; Stuart J. Weissman; Ratzan Law Group, P.A.; Miami, FL, for Ahmad Z. Chaudhry; Evan Gilead; Ratzan Law Group, P.A.; Miami, FL, for Ahmad Z. Chaudhry; Mayanne Downs; GrayRobinson, P.A.; Orlando, FL, for Hartmuth B. Bittner; David S. Oliver; GrayRobinson, P.A.; Orlando, FL, for Hartmuth B. Bittner.

FC&S Legal Comment

This report is based on information that was provided by plaintiff's and defense counsel. Additional information was gleaned from court documents.

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Steven A. Meyerowitz

Steven A. Meyerowitz

Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].

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