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| The Cochran Firm - Dallas

A jury has brought back a verdict in a Westchester County Medical Center case, awarding $7 million dollars to a family in a medical malpractice case. Theresa Capwell was a mother of three who suffered severe brain damage and later passed away after medical professionals failed to diagnose her inflammed pancreas, according to her attorney, Judith Livingston.

Livingston says that after the doctors failed to diagnose the condition, they still had several opportunities to save Capwell. A White Plains jury returned the verdict against the medical center to Supreme Court Justice Nicholas Colabella after a 3 week trial and 24 hours of deliberations. It awarded $3 million to Capwells three daughters and $4 million to her husband.

Livingston claimed that Capwell was admitted to the hospital with symptoms that clearly indicated pancreatitis, but doctors looked for cancer that simply did not exist for two weeks. As a result, Capwell was placed on a breathing machine. The breathing machine caused a buildup of air in her lungs, preventing her lungs from expanding and contracting, therefore preventing oxygen intake.

Several doctors ordered a chest tube to help her breath, but it was never done. As a result Capwell ended up going into cardiac arrest and her brain went without oxygen for 12 minutes. She died a year later after living in a completely incapacitated state.

The medical center released a statement that said they will file a motion to appeal the verdict.


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