November 8, 2004
A jury in Louisville, Kentucky found in favor of a local dermatologist. The Plaintiff argued that the dermatologist was negligent in failing to diagnose a fatal melanoma of the ear after having been treated by the same physician for other non-cancerous legions for over two years. The physician, represented by Donald Brown, successfully countered-argued that 1) it was no fault in missing the cancer because of its concealed location in the ear and 2) even if the dermatologist had noticed the cancer, it had already fatally metastasized. Thus, the defense argued that it was the cancer, not the diagnosis, that was fatal, and the Jefferson County jury agreed, returning a unanimous defense verdict.