Infected Breast Implant Blamed For Woman’s Death
On Jan. 23, 2003, plaintiff’s decedent Nancy Ocepa, 63, a secretary, was administered injections that were directed to her saline-filled breast implants.At about 11:30 a.m. on Jan. 25, 2003, Ocepa presented to the emergency room of New Island Hospital, in Bethpage. An internist, Dr. Tharun Shetty, noted that Ocepa was confused and suffering a fever, diarrhea and a rash. Ocepa was referred to an infectious-diseases expert, Dr. Brijesh Goyal, who determined that Ocepa was probably suffering toxic shock syndrome. Goyal noted that Ocepa’s right breast was discolored, swollen and tender, and he opined that the condition probably stemmed from an infection of an implant’s tissue-expanding compartment. Goyal determined that a surgeon would have to address the implant’s possible removal.Later that day, at about 5 p.m., a surgeon was requested. However, the surgeon never arrived, and no consultation ever occurred.
Later that evening, Ocepa’s organs began to fail. She was attached to a respirator, and Shetty administered dopamine, which was intended to maintain Ocepa’s blood pressure.
The next day, a surgeon removed the tissue-expanding compartment of Ocepa’s right breast implant. However, Ocepa’s condition continued to deteriorate. She never left the hospital, and she died Feb. 13, 2003.
One of Ocepa’s sons, Steven Ocepa, acting individually and as administrator of his mother’s estate, sued Goyal; Shetty; Shetty’s practice group, Island Primary Medical Care Associates PC; New Island Hospital; the facility that provided his mother’s breast implants, Long Island Plastic Surgical, P.C.; and several other doctors that were involved in his mother’s care, plastic surgeon Dr. Khawaja Hassan, plastic surgeon Dr. Gene Lee and Dr. Anil Manheseshwari. The plaintiffs alleged that Goyal, Shetty and the hospital’s staff failed to promptly obtain the consultation, that their failures constituted medical malpractice and that Island Primary Medical Care Associates was vicariously liable for Shetty’s actions. The plaintiffs further alleged that Hassan, Lee, Manheseshwari and Long Island Plastic Surgical’s staff failed to properly manage Nancy Ocepa’s breast implants and that their actions constituted medical malpractice.
The plaintiffs subsequently discontinued their claims against Goyal, Hassan, Lee, Manheseshwari and Long Island Plastic Surgical. The matter proceeded to a trial against Shetty, his practice group and New Island Hospital.
Plaintiffs’ counsel claimed that Ocepa’s death stemmed from an infection of her right breast implant’s tissue expander. He contended that Shetty should have promptly ordered and obtained the consultation. He also contended that accepted medical standards established that the infected tissue expander should have been removed by 8 p.m., Jan. 25. He claimed that the tissue expander’s prompt removal would have prevented the infection’s spread and that, as such, Ocepa probably would have survived.
After the conclusion of plaintiffs’ counsel’s case, Judge Anthony Parga directed a verdict that established that New Island Hospital was not liable. The matter proceeded against Shetty and his practice.
Shetty contended that Ocepa’s treatment plan did not require an immediate consultation.
Shetty’s counsel also contended that the surgery’s pathology report and postsurgical cultures indicated that the tissue expander was not infected. He claimed that Ocepa’s toxic shock syndrome was caused by cellulitis, which is an acute inflammation of the skin’s connective tissue. Thus, he argued that the tissue expander’s prompt removal would not have prevented Ocepa’s death. The plaintiffs’ infectious-diseases expert acknowledged that cellulitis can cause toxic shock syndrome, but he opined that the condition was caused by an infected tissue expander.
Plaintiffs’ counsel claimed that Ocepa suffered an infection of her right breast implant’s tissue expander. He contended that the infection led to Ocepa’s development of toxic shock syndrome, which was diagnosed Jan. 25, 2003. Some of Ocepa’s organs failed, and she required the assistance of a respirator. The next day, she underwent surgical removal of her right breast implant’s tissue expander. However, the surgery did not improve her condition. On Jan. 28, 2003, she began a daily course of dialysis. She subsequently developed adult respiratory distress syndrome and began to lose consciousness. She underwent blood transfusions, but she could not recover. She died Feb. 13, 2003, at age 63. She was survived by four adult children.
Ocepa’s estate sought recovery of wrongful-death damages that included $1.2 million for Ocepa’s pain and suffering. Ocepa’s children presented derivative claims. Each sought recovery of $150,000 for his or her pecuniary loss.
The jury found that Shetty and his practice were liable for Ocepa’s death. The plaintiffs were awarded a total of $2.2 million.