NEWARK, N.J. (Legal Newsline) - An epileptic woman living in COVID isolation at Seton Hall University died from a seizure, leading to a lawsuit against the school.
The Estate of Kristen McCartney, along with her parents Donna Dockery and Sean McCartney, filed a lawsuit May 14 in Essex County Superior Court against Seton Hall University and several of its administrators. The defendants removed the case to New Jersey federal court the following day.
The plaintiffs allege that the university's negligence led to Kristen McCartney's death while she was in mandatory COVID-19 isolation. Kristen, who had epilepsy, was left alone in an isolation dormitory room despite the university being aware of her condition.
She suffered a fatal seizure during this period.
The complaint alleges Seton Hall failed to provide adequate health monitoring and essential services as promised in its COVID-19 Restart Plan. The lawsuit claims that the university ignored multiple notifications about Kristen's epilepsy and did not establish a plan to address her medical needs during isolation.
Furthermore, after Kristen's death, the university allegedly refused to provide her parents with detailed information about the circumstances surrounding her passing.
The plaintiffs are seeking damages for wrongful death, breach of contract, gross negligence, and fraudulent concealment.
Helen Setton of Nesenoff & Miltenberg represents the plaintiff.