National Verdicts

Plaintiff(s):

Leanna Loud (Female, 39 Years), 

William Loud (Male)

Plaintiff Attorney(s):

John Eric Fulda;
Whetstone Perkins and Fulda LLC;
Columbia,
SC,
for
Leanna Loud, William Loud ■ Cheryl F. Perkins;
Whetstone Perkins and Fulda LLC;
Columbia,
SC,
for
Leanna Loud, William Loud

Plaintiff Expert(s):

Luis Villa, Jr.; M.D.; Oncology; Miami,
FL called by:
John Eric Fulda, Cheryl F. Perkins ■ Lynn Chinitz; M.D.; Mammography; Bronxville,
NY called by:
John Eric Fulda, Cheryl F. Perkins

Defendant(s):

Jeffrey Short, M.D., 

Charleston Radiologists, P.A.

Defense Attorney(s):

Molly H. Craig;
Hood Law Firm, LLC;
Charleston,
SC,
for
Jeffrey Short, M.D., Charleston Radiologists, P.A. ■ David L. Savage;
Hood Law Firm, LLC;
Charleston,
SC,
for
Jeffrey Short, M.D., Charleston Radiologists, P.A. ■ Brian E. Johnson;
Hood Law Firm, LLC;
Charleston,
SC,
for
Jeffrey Short, M.D., Charleston Radiologists, P.A.

Defendant Expert(s):

Tommy Cupples;
Mammography;
Columbia,
SC called by:
Molly H. Craig, David L. Savage, Brian E. Johnson ■ Robert Smith, Jr.;
Oncology;
Columbia,
SC called by:
Molly H. Craig, David L. Savage, Brian E. Johnson ■ Charles WIlliams;
Radiology;
Greenville,
SC called by:
Molly H. Craig, David L. Savage, Brian E. Johnson

Insurer(s):

MagMutual Insurance Co. for Jeffrey Short, M.D. and Charleston Radiologists, P.A.

On April 1, 2008, plaintiff Leanna Loud, 39, a nurse and U.S. Air Force reservist, underwent a bilateral screening mammogram performed by radiologist Jeffrey Short of Charleston Radiologists at East Cooper Regional Medical Center in Mt. Pleasant. Short interpreted the results of the mammogram and discovered dystrophic type nodular calcifications in the upper aspect of the right breast. Short concluded that these calcifications were benign. On April 23, 2010, Loud was diagnosed with advanced breast cancer. Loud sued Short and Charleston Radiologists for medical malpractice. Loud alleged that Short’s failure to diagnose her developing breast cancer in 2008 allowed it to evolve into metastatic disease. In testimony at trial, Loud’s oncology expert testified that he believed Loud had early Stage 1 cancer at the time of her 2008 mammogram. He argued that Loud had an 80 to 100 percent chance of survival if she had been given appropriate treatment in 2008. Short denied liability. He argued that the calcification findings were few in number and appeared benign. Short testified that the calcifications were scattered and should therefore be considered benign. He asserted that these calcifications were unrelated to Loud’s current metastatic cancer, which he believed developed after the 2008 mammogram. Short further maintained that the nature of Loud’s carcinoma was so aggressive that any treatment would be unlikely to prevent her death. In testimony, Short’s retained experts on mammography and oncology agreed that Loud’s breast cancer developed subsequent to the 2008 mammogram. Short’s radiology expert testified that the large, popcorn-like calcifications were indicators of a benign process.

In 2010, Loud was diagnosed with Stage 3 invasive duct carcinoma in her right breast. Loud underwent nine months of chemotherapy, followed by a mastectomy of the right breast and radiation treatment. Although it was initially believed that the cancer had been eradicated, further testing revealed that the cancer had spread into the bones. Loud subsequently underwent removal of her ovaries, in addition to extensive additional chemotherapy and experimental drug use. Loud believes she has a life expectancy of one to two years. Loud claimed severe physical and emotional pain as a result of her terminal condition. She also claimed damages for considerable medical expenses of roughly $1 million dollars and approximately $1.2 million in lost earnings. Loud’s husband, William Loud, brought a derivative claim for loss of consortium. Short disputed the extent of Loud’s claimed damages. He argued that Loud’s future economic losses would need to be reduced in light of potential US Air Force military benefits earned if she lives beyond Jan. 1, 2017.

The jury found that the defendants had been negligent. Loud was awarded $4.8 million in economic damages, along with $1.4 million in non-economic damages. William Loud was awarded $700,000 in damages for loss of consortium.

Judge:

Roger M. Young Sr.

Trial Length:

7
 days

Trial Deliberations:

3.5
 hours

Jury Vote:

Unanimous

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.