Facts

Regis Reilly went to dermatologist James Powers for treatment of recurring bumps on his right shoulder. Although he told Powers about his history of skin cancer, Powers never sent any of the tissue for a biopsy. Subsequently, a plastic surgeon, assuming the bumps were routine cysts, removed a large part of Reilly's shoulder, but sent the tissue for a biopsy, which revealed squamous cell carcinoma. It metastasized to Reilly's armpit, neck and collarbone. Reilly sued Powers for medical negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant's failure to order a biopsy fell below the standard of care. Had this been done, the cancer would not have spread or become terminal. It was incurable after metastasis, but preventable if detected early.

DEFENDANTS' CONTENTIONS:
The defendant contended the cancer occurred outside of his care and was not detectable upon examination. The plaintiff's lesions were preexisting and his cancer arose from a location further down from the cysts. Regardless of treatment, skin cancer patients have the same morbidity rate.

Specials in Evidence

$120,000 $1,580,000

Injuries

Terminal cancer and large hole in right shoulder. Wife sought unspecified damages for loss of consortium.

Result

The plaintiff was awarded $5,840,165, reduced to $1,690,165 per MICRA.

Deliberation

five days

Length

four weeks