NY Medical Malpractice Case Yields $23.3M Against Westchester Medical Center For Wrongful Death of Husband

Etel Leybovich et al v. Westchester Medical Center et al

On May 10, 2024, the New York jury returned a $ 23,300,000 verdict in favor of the wife for the wrongful death of her husband caused due to medical malpractice at Westchester Medical Center.

Case Background

On June 14, 2019, Etel Leybovich filed a medical malpractice case before the New York State, Westchester County, Supreme Court. Judge Lewis J. Lubell presided over this case. [Case number: 59089/2019]

Cause

On October 17, 2018, Jesus Espitia, aged 48 and an accountant, was admitted to Westchester Medical Center in Valhalla. The day before, Espitia had been struck by a vehicle while riding his bicycle, resulting in a traumatic brain injury. Although he initially recovered from the brain injury, he reportedly developed deep vein thrombosis in his left leg during his hospitalization. Tragically, on November 18, while still in the hospital, Espitia suffered a pulmonary embolism which led to cardiac arrest.

Medical personnel managed to restore his pulse after 28 minutes. However, he was pronounced brain-dead. On December 21, he was moved to another hospital for hospice care, where he passed away on December 23. At the time of his death, Espitia left behind his wife and their two young children, aged 7 and 10.

Following her husband’s death, Etel Leybovich, both individually and as administrator of his estate, filed a lawsuit against Westchester Medical Center and affiliated entities. The legal action alleged negligence and sought damages related to the medical care provided to Espitia during his hospital stay.

Injury

Due to the medical malpractice committed by Defendants, Jesus Eduardo Espitia suffered severe bodily harm and endured significant pain and suffering. His injuries included permanent conditions such as sickness, lameness, and emotional distress. He incurred substantial medical expenses for treatments and hospitalizations, as well as suffered economic losses from past and future earnings. Ultimately, his health deteriorated, leading to his death on December 23, 2018.

During the period from October 16, 2018, to December 23, 2018, the Defendants failed to provide adequate care and adhere to accepted medical standards for the treatment of Jesus Eduardo Espitia. This negligence resulted in severe and lasting injuries, including wrongful death, pulmonary embolisms, cardiac arrest, deep vein thrombosis, leg pain and swelling, respiratory issues, chest pain, the need for intubation, unconsciousness, organ failure, and brain damage due to lack of oxygen. His injuries also caused ongoing physical pain, emotional distress, and permanent impairment.

Damages

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Etel Leybovich individually and as administrator of the Estate | Jesus E Espitia
  • Counsel for Plaintiff(s): Caitlin Anne Robin | Mark Alexander Laughlin | Emma Jane Wiegand
• Defendant(s): Westchester County Health Care Corporation | Westchester Medical Center | Westchester Medical Center Advanced Physician Services, P.C. | Westchester Medical Center Foundation, Inc. | Patrice Anderson M.D. | Christian Bowers M.D. | Jane Doe | John Doe
  • Counsel for Defendant(s): John J Barbera | Michael Brian Manning | Richard Louis Alec Wolf | Christopher Joseph Daniel

Claims

The Plaintiffs’ counsel argued that the hospital should have placed an inferior vena cava filter on either October 17 or October 18. This device is designed to prevent pulmonary embolisms by trapping blood clots before they can reach the heart or lungs. They further claimed that from November 9 to November 18, hospital staff overlooked signs indicating Jesus Espitia was at risk of developing deep vein thrombosis or a pulmonary embolism. Specifically, counsel pointed out that Espitia showed signs of agitation on November 18 and had been coughing up blood for three weeks prior. Additionally, they argued that Espitia’s family had repeatedly complained about him sweating and kicking his left leg, which are symptoms of deep vein thrombosis or pulmonary embolism.

Moreover, the Plaintiffs’ counsel contested whether the hospital staff correctly used sequential compression devices between November 11 and November 18. They alleged that a nurse practitioner from the hospital altered her testimony on why she canceled an order for these devices, submitting an errata sheet to clarify her reasoning.

Defense

Dr. Patrice Anderson was removed from the case, while Dr. Christian Bowers was dismissed through summary judgment. Westchester Medical Center stood as the sole remaining Defendant at the trial. The defense argued that Espitia experienced a sudden and unavoidable pulmonary embolism and displayed no prior indications of the condition. They specifically asserted that Espitia’s coughing up blood was due to the placement of a tracheal tube, not a blood clot. Additionally, the defense proposed the possibility that the fatal clot originated in Espitia’s upper extremities rather than his leg. However, according to the Plaintiffs’ counsel, during cross-examination, the defense admitted there was less than a 10 percent likelihood that the clot originated from the upper extremities.

Jury Verdict

On May 10, 2024, the New York jury returned a $ 23,300,000 verdict in favor of the Plaintiff. The jury, after a two-day deliberation, unanimously agreed upon damages for the medical malpractice. The jury held that the doctors and nurses had failed to properly monitor for and prevent a blood clot that led to the death of Espitia.

Court Documents:

Available upon request