>> she suffered in silence. i think she kept a lot of what she was going through to herself. >> family members admit phyllis' cigarette use was probably a factor, but those who watched phyllis withering away wondered if dr. weinberger might have missed a chance to catch phyllis' cancer early, which cost her valuable time. >> regardless of why she got cancer, or how she got cancer or where she got cancer, she should have been able to go to a doctor and expect a certain quality of treatment that she didn't get. >> in late 2002, perhaps sensing time was not on her side, phyllis barnes hired personal injury lawyer ken allen to sue dr. weinberger 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