Linda Levine-Brown and The Estates of Gerald "Jerry" Brown v. Punta Gorda Health Management Associates and Charlotte Regional Medical Center

Linda Levine-Brown claimed Punta Gorda Health Management Associates and Charlotte Regional Medical Center committed medical malpractice when they diagnosed that Jerry Brown, 67, with small cell lung cancer and non-Hodgkin's lymphoma. He was given him chemotherapy targeting the more aggressive lung cancer, but 36 days later switched to treating the lymphoma. Brown died of lymphoma later that year. An autopsy did not show any signs of lung cancer. Mrs. Brown claimed that the misdiagnosis was caused by a contaminated pathology sample and that the misdiagnosis denied her husband the chance of surviving.

The defendants denied that they were negligent and claimed that the care and treatment of Mr. Brown met the appropriate standard of care. The defendants also claimed that it was not possible to prove that Brown would have survived in any event.