Veteran’s widow awarded $56M in suit against Atlanta doctor

“Pat’s incredibly grateful to the jurors,” Worley’s lead attorney, Lloyd Bell, told The Atlanta Journal-Constitution. “They listened carefully. They showed a tremendous amount of respect to her and to Tony for what they’ve been through.”

Page Powell, an attorney for Payne and his practice, said they will seek to overturn the judgment against them, as they maintain that they did nothing wrong.

In January 2024, a different jury agreed with the defendants and awarded Worley nothing. But Richardson granted the widow’s request for a new trial, finding the testimony of a defense expert may have improperly tipped the balance of the evidence.

Powell said the jurors in the 2024 trial got it right, and the retrial, which began Dec. 1, should not have been allowed.

“We will definitely pursue some form of post-judgment relief, but we have not decided yet on what that will look like,” he told the AJC. “All options are being considered.”

Worley and Waldrop sued Payne and Dermatology Associates of Atlanta in 2017, claiming Payne failed in 2013 and 2014 to properly assess and treat cancerous tumors on the right side of Waldrop’s face.

Because the cancer was allowed to develop and worsen, Waldrop needed extensive surgery in early 2014 that left him without any teeth and certain parts of his ear, face, skull and jawbone, the couple alleged. They said he had permanent pain, disfigurement and disabilities, including hearing and vision problems, that made simple things such as eating, talking, laughing and sleeping difficult.

Credit: Supplied

Credit: Supplied

Case records show Waldrop had a history of skin cancer and other health problems that put him at a high risk of recurring cancer and that Payne knew this. Payne first treated Waldrop in 2009 and then again from May 2013 through February 2014 on referral from the U.S. Department of Veterans Affairs.

In their complaint, the couple said Payne failed to refer Waldrop to an oncologist and misdiagnosed a cancerous lesion as benign without a biopsy, among other things. They said different health care providers correctly diagnosed and treated the cancer in February 2014.

Waldrop — a combat veteran, Purple Heart award recipient and small business owner — died in 2022 from a different cancer, Bell said. He said Worley will seek to recover all her legal costs in addition to the verdict and associated interest.

In his order Friday, the judge awarded Worley $8.8 million in pre-judgment interest because the defendants had rejected her offer in 2023 to settle the case for less than what the verdict turned out to be. Georgia law allows such interest in certain circumstances.

The judge said Worley had demanded $15 million from the defendants in April 2023. Her lawyers said the most the defendants’ insurer offered to settle the case for was $2 million.

The judge also imposed post-judgment interest of 9.75%, which is accruing at a rate of almost $13,000 a day or $4.6 million a year.

Payne has argued throughout the case that he complied with the standard of care at all times and did not cause any harm or damage. His lawyers said last week’s verdict in Worley’s favor was surprising and disappointing.

“For two separate juries to hear essentially the same evidence and return such disparate verdicts is just more evidence of how unpredictable and volatile our current civil jury system is,” Powell said.

The case first went to trial in 2020, when a mistrial was declared before a verdict was reached, records show.