Father of former Penn State student files wrongful death lawsuit against Mount Nittany Health

The father of a Penn State student who died just before the start of his freshman year filed a federal lawsuit Wednesday against Mount Nittany Health and providers his family believes led to the 19-year-old’s wrongful death.

According to the 19-page lawsuit, Sean Tomany of Glastonbury, Connecticut, filed the suit on behalf of his son, Patrick, who died in 2021.

On Aug. 26, 2021, Patrick sought medical assistance at the Mount Nittany Medical Center Emergency Department, citing pain in his right buttock. Because of a history of blood clots and a protein C deficiency that increases the risk of blood clots, Patrick was concerned he could have a deep vein thrombosis (DVT), or a blood clot in the lower body, the lawsuit states. He had been prescribed a blood thinner but was not taking it as frequently as prescribed.

The lawsuit alleges that a physician’s assistant in the hospital’s emergency department, Brooke Koch, documented that she examined Patrick’s left buttock, not his right, where he had cited he was experiencing pain. Koch ordered an ultrasound of his “lower right extremity,” and discharged him after diagnosing him with pain in the right leg, the lawsuit states. Dr. Roderick Cross — also listed as a defendant along with Koch, the Mount Nittany Health System and Centre Emergency Medical Associates — signed off on Koch’s assessments.

Four days later, Patrick told his resident assistant that he was “experiencing right thigh pain” that he thought was a blood clot and the RA called an ambulance. He died at Mount Nittany Medical Center, about 30 minutes after the ambulance was called. An autopsy revealed that Patrick died from a saddle pulmonary embolism, according to the lawsuit.

Patrick loved snowboarding, music and basketball and was “beyond excited” to attend Penn State, his obituary read.

“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,” the obituary states.

Sean Tomany is seeking damages in excess of $75,000 from the defendants, alleging their negligence was the “direct and proximate cause of Patrick’s injuries and death.” The lawsuit also alleges medical malpractice and corporate negligence which led to wrongful death.

Braden Lepisto, a lawyer representing the Tomany family, wrote in a statement that the goal of the lawsuit was to hold the “healthcare providers accountable for their son’s death and to prevent this from happening to someone else’s child.”

“When a child leaves for college,” he wrote, “Especially out of state, parents hope that they have given their child the tools to do the right thing. Patrick did the right thing by going to Mount Nittany Medical Center when he thought something was wrong. Unfortunately, within a few hours, he was sent back to his dorm without a diagnosis. Patrick suffered an awful death within days of arriving on campus. He would still be a student at PSU today had he received proper care and treatment.”

Mount Nittany Health spokesperson Tania Luciow declined to comment, writing that “Mount Nittany Health does not comment on pending litigation.”