In August 2013, Douglas J. Swart obtained a defense verdict on a case, venued in Suffolk County, of alleged delay in diagnosing malignant melanoma in a 21 year old man. Plaintiff’s attorney alleged that the defendant pathologist mis-read the biopsy slides, resulting in a 20 month delay in diagnosis, and a worsening of the plaintiff’s prognosis. All parties agreed that the plaintiff, who testified at trial, is terminally ill. The case involved testimony from nationally recognized pathology experts on behalf of both the plaintiff and the defendant. The trial lasted more than two weeks, with the plaintiff asking the jury to return an award of 3 million dollars in damages. After deliberating 30 minutes, the jury returned a unanimous verdict on behalf of the defendant.
