John Ficke was 50 years old when he developed a growth on his chest. His treating dermatologist performed a shave biopsy and sent the specimen to Columbia University College of Physicians and Surgeons, where a dermatology pathologist, Dr. Asher Rabinowitz, interpreted the growth as noncancerous. However, one year later, Ficke underwent a punch biopsy of the same growth and Dr. Rabinowitz reported this time the presence of desmoplastic melanoma.
Ficke underwent treatment including chemotherapy and radiation. However, the unfortunate part is that the cancer had metastasized and progressed to Stage IV.
Ficke and his wife brought a lawsuit against the Columbia University Hospital and Dr. Rabinowitz claiming a failure to correctly diagnose the melanoma, which the plaintiffs argued was present on the very first biopsy but missed by the defendants. The claim did not include lost income.