Testimony continues in plaintiff's case in retrial of 2003 med-mal suit

Amelia Flood Jul. 23, 2010, 6:52am


The plaintiff's case continued Friday in the retrial of a seven year-old suit over the alleged misdiagnosis of a woman's skin cancer.

A plaintiff's expert testified about the progression of the disease that eventually killed Maria Storm, wife of plaintiff Douglas Storm, five years ago.

One of Maria Storm's treating physicians was expected to take the stand in the afternoon.

Douglas Storm is suing Dr. Patrick Zimmermann, a Collinsville family practice doctor, for allegedly failing to diagnose the cancer when he removed a mole from Maria Storm's back in 1999 and did not send it for a biopsy.

Maria Storm initially had the mole removed a year earlier and it
grew back.

After the second removal in 1999, Maria Storm was eventually diagnosed with advanced melanoma in 2003.

Maria Storm died two years later from the disease.

Her husband's suit seeks at least $50,000 and other damages.

Zimmermann denies that he failed to properly treat Maria Storm.

The suit originally went to trial in January 2007.

After a trial that lasted more than two weeks, a jury found for Zimmermann.

However, Douglas Storm appealed the verdict after his plea for a new trial was rejected.

The plaintiff asked for a new trial on the grounds that a juror in the first case lied about his role in two pending Madison County lawsuits.

The appellate court ordered a new trial in the case last year.

Jurors in the case's retrial have so far heard Maria Storm's testimony via a video deposition and Zimmermann, who testified Thursday.

Rex Carr represents the plaintiff.

Ted Dennis represents Zimmermann.

The practice is represented by Michael Murphy.

Madison County Circuit Judge Barbara Crowder presides.

The case is Madison case number 03-L-999.

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