Bell Law Firm Secures $48 Million Verdict for Georgia Vietnam Veteran Permanently Disfigured After Doctor Failed to Diagnose and Treat Recurrent Cancer

A Fulton County jury returned a $48 million verdict for Tony Waldrop, a Vietnam combat veteran who grew up in Cabbagetown, a neighborhood on the east side of Atlanta, Georgia, and his wife, Patricia Worley, after finding that dermatologist surgeon Joseph R. Payne, M.D. and his group, Dermatology Associates of Atlanta, P.C. were negligent for failing to diagnose, manage, and treat recurrent skin cancer on the side of Mr. Waldrop's head. The case was tried by lead counsel Lloyd Bell of Bell Law Firm, along with Shamp Silk's Laura Shamp and The Summerville Firm's Darren Summerville.

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The award includes $32 million for Tony's more than eight years of pain and suffering, and $16 million to compensate his widow, Pat Worley, for her loss of her husband's consortium.

“This case is a devastating example of what happens when a physician treats recurrent cancer with casual indifference and then ignores clear signs of recurrence,” said Lloyd Bell. “Tony trusted his doctor to take good care of him. Dr. Payne violated that trust by providing sub-standard care and then refusing to accept any accountability for the outcome, choosing instead to drag this case out for years to try and wear down my clients. Dr. Payne's choices led to catastrophic injuries and unnecessary pain and suffering that continued until Tony died over 8 years later from an unrelated cancer.”

Evidence at trial showed that in 2013, Dr. Payne removed a skin cancer in front of Mr. Waldrop's right ear. Pathology revealed the tumor surrounded nerve cells, a condition known as “peri-neural invasion.” PNI is a high-risk feature that indicates the cancer is aggressive and more likely to recur.

“For patients like Tony who have a history of skin cancer and immunocompromise due to a chronic leukemia, the standard of care is to send the patient for a consultation with a radiation oncologist,” Bell said.

No referral ever occurred. Months later, when Mr. Waldrop returned with a painful lesion in the same area, Dr. Payne misdiagnosed it as benign, removed it, and threw the tissue away without sending it for biopsy. That delay allowed the cancer to advance further into the parotid gland, invade the facial nerve, and grow deeper into the face.

By the time another provider eventually diagnosed the recurrence months later, the cancer had advanced to a point that Mr. Waldrop required aggressive surgery, resulting in the loss of most of his right ear, permanent facial paralysis, loss of hearing, inability to close his right eye, difficulty eating and speaking, chronic pain, and profound disfigurement.

“We are grateful to the jury for this significant verdict, which fully and fairly values the harms and losses suffered by Tony and Pat,” said Bell. “It should be noted that we gave Dr. Payne's insurance carrier, MAG Mutual Insurance Company, every opportunity to settle this case within their $4 million insurance policy. The most MAG ever offered was $2 million on the eve of trial after putting Tony and Pat through years of agonizing litigation, including multiple trials. I am incredibly proud of Tony and Pat for their courage and resolve to see this case through. Although Tony did not survive to see this day, Pat was determined to move forward and to trust the jury to speak the truth. Her trust was well placed.”

Bell Law Firm extends its deepest respect to Tony and Pat for their courage in pursuing justice and holding careless health care providers accountable. More details about the case can be found here. For more information about Bell Law Firm's mission to help victims of medical malpractice, visit www.belllawfirm.com.

About Bell Law Firm

Bell Law Firm is Georgia's leading medical malpractice and catastrophic injury firm. Founded in 1999 by Lloyd Bell, the firm has recovered hundreds of millions for clients and families harmed by medical negligence, including a record $75M verdict, the largest in Georgia history. The firm also achieved a record-breaking $26M verdict against a Columbus hospital, a $18M verdict in 2025 against a negligent cardiologist, and a $15M verdict against the largest healthcare provider in Georgia. In addition to delivering record verdicts, Bell Law Firm was awarded “Personal Injury Litigation Team of the Year” and “Most Innovative Law Firm” by The Daily Report. Lloyd is also the only Georgia attorney in theInner Circle of Advocates, an invitation-only group of 100 leading trial attorneys in the United States. For more information, visitwww.belllawfirm.comor listen to Lloyd's podcast, “Face the Jury.”

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