Penn State student’s death leads to $3 million hospital settlement
WILLIAMSPORT — A federal judge has approved a $3 million settlement in a medical malpractice case stemming from the death in 2021 of a 19-year-old Penn State student.
The settlement approved Monday by U.S. Middle District Judge Matthew W. Brann resolves the litigation brought by Sean Tomany, of Glastonbury, Conn., on his own behalf and as administrator of the estate of his son, Patrick.
The defendants, Mount Nittany Medical Center and its health services, Dr. Roderick Cross, physician’s assistant Brooke Koch and Centre Emergency Medical Associates, were accused of negligence and omissions in their treatment of Tomany.
Tomany, who was about to begin his undergraduate studies at Penn State, went to the Mount Nittany emergency department on Aug. 26, 2021, complaining of pain in his right buttock.
The following is taken from court documents:
He noticed the pain two days earlier and became concerned because he had a history of blood clots and protein C deficiency. He admitted that he had not been regularly taking his prescribed medication.
Koch examined Tomany and documented Tomany’s history of deep vein thrombosis (DVT) and protein C deficiency.
An ultrasound was ordered, and the results showed no evidence of deep venous thrombosis in the right lower extremity.
Koch discharged Tomany later the same day without determining what caused his right buttock pain.
On Aug. 30, told his resident adviser that he thought it was a blood clot and needed an ambulance to go to the hospital.
Before the ambulance arrived, Tomany suffered two seizures and was found on the hallway floor. He suffered a 10-second seizure and commented he felt sleepy.
In the ambulance, he had trouble breathing, and personnel started supplemental oxygen via a bag-valve mask. Two minutes later he became unresponsive.
Upon his arrival at the medical center, the emergency department code team started resuscitation efforts. Tomany had no pulse.
Attempts to resuscitate him continued for 44 minutes and he was pronounced dead at 9:16 a.m. on Aug. 30, 2021.
An autopsy showed that his death was caused by a pulmonary embolism that originated from a thrombus in the right common iliac vein.
The complaint accused Koch of incorrectly diagnosing Tomany with right-leg pain and not ordering a CT venography to rule out thrombosis.
Cross is alleged to have electronically signed Koch’s findings, diagnosis and plan without making any changes.
The defendants maintained Tomany’s medical condition was properly managed, and they breached no legally recognizable duty to him.
Tomany’s parents, Sean and Jodi Tomany, are the beneficiaries of the settlement, with Sean, as administrator of the estate, receiving the larger share.
The Philadelphia law firm of Kline & Spector represented the estate and will receive 40% of the $3 million, plus its costs.
