A Philadelphia judge has granted a new trial in a medical malpractice case over an alleged delayed diagnosis of lung cancer after a defense expert testified in violation of the court’s order that the plaintiff was a smoker.

Philadelphia Court of Common Pleas Judge Paul P. Panepinto’s order sets the stage for the trial court to hear arguments that defense counsel, Nancy K. Raynor of Raynor & Associates, her client and the defense expert should be sanctioned or found in contempt of court and that they should pay for $810,304 in attorney fees, costs and expenses incurred for the first trial.