Radiologist found negligent in $24M wrongful death verdict

A South Carolina jury has awarded $24 million to the estate of a 36-year-old former pilot who died after attorneys say a critical finding was missed on his CT angiogram. 

The verdict followed a two-week trial that began Oct. 26 in Columbia, according to reporting by The State. According to court documents, the patient had recently undergone an ablative procedure for atrial fibrillation. After the procedure, he continued to experience symptoms for around a month. This led to an investigative CT angiogram. 

Attorneys for the victim say the interpreting radiologist failed to identify an esophageal perforation on that exam, instead classifying it as normal. He continued to experience symptoms and died 12 days after the scan from complications related to the perforation. 

The jury found the radiologist at fault for failing to identify the esophageal injury on imaging. The award included $14,645,390 in non-economic damages related to wrongful death, while the total verdict is listed as $24 million. The radiologist is not the only provider involved in the litigation; the estate had previously reached a $1.2 million settlement with the cardiologist who performed the ablation.  

The patient was a commercial pilot, husband and father of two young daughters. He also served as an F-16 fighter pilot, according to the lawsuit. 

The radiologist was represented at trial by attorneys Mark S. Barrow and Marshall C. Crane of Sweeny Wingate & Barrow. Attorneys John Kassel, Theile McVey and Jamie Raie Rutskoski of Kassel McVey, along with Thad Myers, represented the estate.