A Middlesex County judge on April 23 approved the final portion of a $6.5 million settlement in a medical malpractice suit, Estate of Horvath v. Alegre-Gomez, lodged on behalf of a 53-year-old woman who died while being treated for pneumonia and other respiratory issues.

According to court documents and counsel, on March 28, 2015, Marie Horvath was brought by ambulance to St. Peter's University Hospital in New Brunswick after several days of fever, cough, headache and confusion, and was diagnosed with pneumonia, hypoxia and sepsis. Her condition worsened, including development of acute respiratory distress syndrome (ARDS), and she was treated with antibiotics and oxygen, said her family's lawyer, Daryl Zaslow of Eichen Crutchlow Zaslow in Edison.

Three days later, Horvath's blood-oxygen level dropped, and Dr. Ikemefula Ekekwe, a pulmonologist employed by the hospital, ordered Horvath to be intubated so she could be put on a ventilator. The intubation was performed by Regina Alegre-Gomez, a certified registered nurse anesthetist with Anesthesia Consultants of New Jersey. Horvath died shortly after.

An action was brought on behalf of Horvath's husband and three children. The suit claimed that Ekekwe deviated from the standard of care by waiting several hours too long to have Horvath intubated after her blood-oxygen level dropped. The suit also claimed Alegre-Gomez negligently put the tube in Horvath's esophagus rather than her trachea, and failed to quickly detect the error.

The defense contended that there was no delay in treatment, and that the intubation was elective, not emergent. The defense also contended that Horvath's condition was such that different treatment wouldn't have saved her life, according to Zaslow.

St. Peter's agreed to pay $5.5 million in August 2019 during mediation with Maurice Gallipoli, a retired Superior Court judge with Porzio, Bromberg & Newman in Morristown, and Alegre-Gomez and Anesthesia Consultants of New Jersey agreed to pay $1 million a week before the scheduled trial, which was set for Dec. 2, 2019, according to Zaslow. Ekekwe didn't pay into the settlement.

Middlesex County Superior Court Judge James Hyland approved St. Peter's portion of the settlement, a net recovery of $3.68 million for the plaintiffs, on Aug. 15, 2019, and approved Alegre-Gomez's portion of the settlement, a net recovery of $629,384 for the plaintiffs, on April 23, 2020, according to court documents.

Rowena Duran of Vasios, Kelly & Strollo in Union, for St. Peter's, declined to comment on the settlement.

Mark Petraske of Dughi Hewit & Domalewski in Cranford, for Alegre-Gomez, didn't respond to a call or email about the case. Neither did Edward Thornton of Methfessel & Werbel in Edison, for Ekekwe.

— David Gialanella

$250,000 in Sussex UIM Case

Esposito v. McGovern: A man who sustained neck injuries in an intersection collision settled his Sussex County suit for $250,000 on Feb. 18.

According to counsel in the case, on May 27, 2019, plaintiff John Esposito, 61, was driving south on Route 517, at its intersection with Sandhill Road, in Vernon. The front of his sedan was struck by the front of a sport utility vehicle driving on Sandhill Road when it drove through a stop sign and attempted to turn left onto Route 517. Esposito claimed the driver, Kristen McGovern, was negligent in the operation of her vehicle.

Esposito was hospitalized and diagnosed with fractures at the C-3 and C-4 vertebrae, and a transverse process fracture at C-4. He later underwent a two-level anterior cervical discectomy and fusion, and subsequently was treated with physical therapy.

Esposito's expert contended that Esposito's neck injury is permanent, since his cervical spine has not healed enough, and will not heal enough, to function normally. Esposito sought damages for past and future pain and suffering. His wife sought damages for her claim for loss of consortium.

Earlier in the litigation, McGovern's insurer agreed to tender its policy, which provided $15,000 of coverage. Esposito also sued his own insurer, High Point Property & Casualty Insurance Co., seeking to recover his underinsured-motorist policy of $250,000.

The parties negotiated a pretrial settlement. The $15,000 that Esposito negotiated with McGovern's insurer was applied to any settlement amount with High Point Property, which had a policy of $250,000. High Point Property agreed to tender its remaining policy of $235,000.

Christopher L. Musmanno of Einhorn, Barbarito, Frost & Botwinick in Denville represented the Espositos. Catherine Masterson of the Law Offices of Patricia A. Palma in Berkeley Heights represented High Point Property & Casualty Insurance Co.

*Editor's Comment: This report is based on information that was provided by plaintiffs' counsel. Defense counsel did not respond to the reporter's phone calls.

— Aaron Jenkins, adapted from VerdictSearch