Family and Estate of Theresa Capwell v. Westchester County Medical Center

Family and Estate of Theresa Capwell sued Westchester County Medical Center and others on a medical malpractice theory claiming that Mrs. Capwell suffered severe brain damage that ultimately caused her death as a result of her doctor's failure to diagnose inflammation of her prancrease. CApwell, age 34, died nearly a year after the missed diagnosis. Scott Capwell, individually and on behalf of the couple's children sought damages for the wrongful death of his wife and the mother of his children. Capwell was admitted to the medical center on Sept. 18, 2000, with symptoms indicating pancreatitis, an inflammation of the pancreatic gland, but doctors spent two weeks running tests for cancer.



Because of the untreated pancreatitis, Capwell was put on a breathing machine about a week after she was admitted to Westchester County Medical Center. However, the breathing machine caused a buildup of air around her lungs, impeding her lungs from normal expansion and contraction, and thus preventing oxygen intake. Capwell went into cardiac arrest, but was given the wrong treatment, and was cut off from oxygen for at least 12 minutes.



Defendant denied wrongdoing.

Plaintiffs' verdict for $3 million to Capwell's three daughters, ages 7, 9 and 11 at the time of her death, and $4 million to her husband, Scott Capwell.