. >> in late 2002, perhaps sensing time was not on her side, phyllis barnes hired personal injury lawyer ken allen to sue dr for negligence and malpractice. >> phyllis had the classic signs and symptoms of throat cancer. she was a smoker for many years. she had a cough that wouldn't go away, sore throat, hoarseness. these are things that a first year medical student would recognize as signs and symptoms of throat cancer or laryngeal cancer. weinberger didn't pay attention. >> i'm the youngest, phyllis and there's my daughter shawn and my husband couldn't come down. >> the soft, southern voice that had once been phyllis' calling card was gone. >> my co-workers are so used to me talking like this that people are always going to give me a look like, what's basically wrong with you? >> in a video deposition given shortly after the lawsuit was filed, phyllis spoke in a flat, robotic voice about her cancer and her struggle to live a normal life. >> some days i have to suction out my lungs if they're congested. >> the stakes could not have been higher. shawn, phyllis' only child, had recently lost her father to ca