Family of Penn State student who died in 2021 settle malpractice lawsuit with Mount Nittany
A federal judge approved a $3 million settlement Monday in a medical malpractice lawsuit stemming from the 2021 death of a Penn State student whose parents alleged healthcare providers failed to recognize signs of a blood clot days before he died.
The lawsuit alleged a physician’s assistant and supervising physician at Mount Nittany Medical Center failed to properly evaluate Patrick R. Tomany, 19, of Connecticut, despite his history of a clotting disorder.
Four days after his initial visit to the hospital, Tomany died of a saddle pulmonary embolism, a large blood clot that gets stuck where the main artery in the lungs branches left and right to bring blood to each lung.
Mount Nittany Health, Mount Nittany Medical Center, Centre Emergency Medical Associates, Dr. Roderick Cross and certified physician’s assistant Brooke Koch were listed as defendants.
Terms of the settlement show $2 million is presently payable and the other $1 million is due Dec. 31. One-third is to be paid by the state-run Pennsylvania Medical Care Availability and Reduction of Error Fund.
Nearly 60% of the settlement will go to Tomany’s parents, while the remaining 40% will be paid to the family’s attorneys. The settlement was approved by U.S. District Judge Matthew W. Brann.
A Mount Nittany Health spokesperson declined comment Tuesday when reached by the Centre Daily Times, saying the health system does not comment on legal matters. They did not identify the source of the $2 million payment, including whether the health system or its insurer will pay it.
Tomany went in August 2021 to the emergency department to be evaluated for worsening right buttock pain, which the lawsuit said he feared was deep vein thrombosis. He was ultimately discharged without a diagnosis that explained the pain, according to the suit.
He developed right thigh pain days later and told a resident advisor he needed an ambulance to go the hospital. Tomany died hours later after three seizures and nearly 45 minutes of CPR.
“Sean and Jodi have suffered the profound emotional loss since their son’s death and will suffer for the rest of their lives,” attorneys for Tomany’s parents wrote in a court filing. “Sean and Jodi participated in therapy following the traumatic death of their son. The unexpected loss of their son after dropping him off at college just a week earlier due to Defendants’ negligence will impact their lives forever.”
Tomany loved music, snowboarding and basketball, according to his obituary. He was remembered for his easygoing demeanor, humor and quick wit.
He visited at least 10 national parks and went on annual “mancations” in Maine and New Hampshire with his father and brother. His obituary said he was “beyond excited” to attend Penn State.
“In his short tenure there, he lived in Geary Hall and, as we hear it, was not only the life of the party but made everyone feel welcome and better for knowing him. He made friends wherever he went, in all periods of life and in whatever amount of time he was there,” his obituary read. “Patrick will forever be missed immensely.”
He was survived by his parents, his brother, grandparents and others. The family’s lead attorney declined comment Tuesday.