$48M Verdict in Fulton County Skin Cancer Misdiagnosis

A Fulton County jury awarded $48 million to the estate and family of Tony Waldrop, a Vietnam combat veteran, and to his wife, Patricia Worley (also referenced as Patricia Waldrop), after finding a dermatologist and his practice negligent in connection with delayed diagnosis and management of recurrent skin cancer. In Waldrop v. Payne, et al., jurors concluded that Joseph R. Payne, M.D., and Dermatology Associates of Atlanta, P.C., failed to diagnose, manage, and treat a recurrence on the right side of Waldrop’s head, leading to extensive and permanent injuries. The verdict includes $32 million for Waldrop’s pain and suffering over more than eight years and $16 million for loss of consortium.

Treatment History and the Alleged Missed Recurrence

Evidence at trial centered on treatment beginning with a June 2013 Mohs procedure performed by Dr. Payne to remove skin cancer near Waldrop’s right ear. According to the plaintiffs, pathology showed peri-neural invasion (PNI), a feature associated with higher recurrence risk and aggressive behavior, particularly for patients with a history of skin cancer and immunocompromise related to chronic leukemia. The plaintiffs contended that, under the standard of care, those findings warranted escalation of management, including referral for consultation regarding radiation therapy, and that the care plan did not reflect the risk profile suggested by PNI and clinical history.

The plaintiffs also emphasized a December 2013 visit, when Waldrop returned with a painful lesion in the same region. They alleged Dr. Payne diagnosed it as a cyst, removed it, and discarded the tissue without submitting it for biopsy, foreclosing an earlier cancer diagnosis. The recurrence was later identified by another provider in early 2014, roughly eight months after the June procedure and about two months after the cyst removal. The plaintiffs argued that the lack of pathology and delayed recognition allowed disease progression into deeper structures, including the parotid gland and facial nerve, changing the scope of required surgery and resulting harm.

Damages Evidence and the $48 Million Verdict

The case was tried in a bifurcated format, with the jury first finding liability and then returning a damages award the following day. Jurors allocated $32 million for Tony Waldrop’s pain and suffering over more than eight years and $16 million for Patricia Worley’s loss of consortium. The damages presentation focused on the consequences of the February 2014 surgery to remove an aggressive skin cancer, which was described as involving removal of most of Waldrop’s right ear and additional structures, including teeth and salivary glands, along with extensive functional and cosmetic complications.

Trial evidence described permanent facial paralysis, loss of hearing, inability to close the right eye, difficulty eating and speaking, chronic pain, and significant disfigurement. The plaintiffs maintained that these outcomes were materially worsened by missed opportunities to recognize recurrence earlier and intervene before deeper invasion. Although Waldrop later died in 2022 from an unrelated cancer, the plaintiffs argued that the skin cancer course initiated in 2013–2014 produced catastrophic, avoidable injuries and prolonged suffering that persisted for years.

Defense Standard-of-Care Arguments and Procedural Path

The defense contended that Dr. Payne’s care met the standard of care for Mohs surgery and follow-up, emphasizing multiple post-procedure visits and the fact that Waldrop also saw other physicians in the latter half of 2013 who did not suspect recurrence. Defense counsel argued that the recurrent tumor was deep, aggressive, and not reasonably discoverable through the June 2013 procedure, and that tissue slides did not indicate residual disease requiring additional intervention. They further asserted that the standard of care did not require biopsy of the December 2013 lesion because Dr. Payne reasonably believed it was a cyst based on clinical assessment.

The litigation included multiple trial phases before the $48 million award. A 2020 proceeding ended in a mistrial shortly after openings. A January 2024 retrial resulted in a defense verdict, but the court later granted a motion for new trial based on evidentiary issues, setting the stage for the trial that produced the plaintiff verdicts on liability and damages. Post-verdict, defense counsel indicated the team was evaluating appellate issues and next steps, underscoring the procedural complexity and the likelihood of continued motion practice in high-exposure medical negligence litigation.

Case Details

Case Name: Waldrop v. Payne, et al.

Court Name: Fulton County (Georgia) State Court

Case Number: 17EV004844

Plaintiff Attorney(s): Lloyd Bell — Bell Law Firm; Laura Shamp — Shamp Silk; Darren Summerville — The Summerville Firm

Defense Attorney(s): Huff Powell Bailey