In advance of the medical-malpractice trial, Panepinto banned testimony about the woman's smoking at the request of plaintiffs' lawyers, who were concerned such testimony would divert attention from the hospital's responsibility to inform the woman of the X-ray results. Panepinto later declared a mistrial and ordered that Raynor pay $946,197 to the plaintiffs' lawyers and their client to compensate them for the cost of the mistrial.