LI family fighting NUMC to prevent tests that could declare crash victim legally dead

A Farmingdale family is engaged in a life-or-death struggle with Nassau University Medical Center to prevent the hospital from conducting tests to determine whether a 23-year-old car crash victim can be declared legally dead.

The battle, which has played out inside the walls of the East Meadow hospital, on social media and in Nassau County courts in recent days, pits the family of Anthony Romeo Gestone, who has been clinging to life for 11 days, and the publicly funded hospital, which argues the young motorist has no active brain function.

A mother's belief

"Anthony’s current condition is critical; however, he maintains a heartbeat, stable body temperature, blood flow, and circulation," Jessica Wallace, an attorney for the Gestone family, wrote in an April 17 petition seeking to hold off the tests. "More importantly, his mother believes he is alive."

NUMC's clinical team "has acted in the best interest of the patient and in accordance with established medical standards," the hospital said in a statement. "We have provided appropriate and compassionate care under serious clinical conditions. As part of the care of all patients presenting with serious medical conditions, certain diagnostic evaluations are medically necessary to accurately assess a patient’s condition and guide medical treatment decisions."

Gestone was driving southbound on Wantagh State Parkway on April 9 when he crossed over the center median into the northbound lanes of traffic and struck a tree, family and friends said. The cause of the accident is not clear, they said.

First responders extricated Gestone from the vehicle and rushed him to NUMC, where surgeons removed part of his skull and diagnosed him with a traumatic brain injury. Gestone, who also suffered spinal cord trauma and two collapsed lungs, has remained in a coma ever since.

On Friday, NUMC physicians sought to conduct brain tests to confirm whether Gestone is legally brain dead.

His mother, Angelique Gestone, director of the Winter Farmingdale Youth Council — who has been by her son's side since the horrific crash — objected to the tests, arguing they would violate her religious beliefs as a devout Christian. 

In a scene reminiscent of medical TV dramas, Gestone was taken by doctors, who were guarded by hospital security, into an elevator to get the medical tests, family members said. 

But the tests were called off at the last moment when the family won a temporary restraining order from a Nassau County judge that prevents the hospital from making the determination. The order also required the hospital to provide Gestone with nutrients.

Restraining order extended

On Monday, the family was back in court in Mineola where the injunction was extended until April 29 — one day after Gestone is scheduled to be examined by a private neurologist, court records show.

Dozens of family and friends, who gathered Monday afternoon at the courthouse for support, told Newsday that, until the restraining order was secured, NUMC had not provided Gestone with life-supporting nutrients. Since he began receiving the nutrients, family members contend Gestone is showing signs of life.

"A nurse stuck her fingernail under his toenail and he felt pain," insists Joseph Hauser, Gestone's uncle. "He was wiggling his toes and gripping his father's hand and moved his whole leg."

In a statement, the hospital denied it is not providing nourishment.

"The patient has received and continues to receive appropriate medical support since his arrival in our emergency services department," NUMC said in its statement. "We categorically deny any claim that the patient has been deprived of medically appropriate nutrition and hydration."

In court records, NUMC attorneys said doctors have determined Gestone has irreversible brain damage.

"There has been no appreciable evidence supporting a conclusion that there is brain activity," wrote NUMC attorney Douglas Stern in an April 17 motion seeking to conduct the tests. " ... It is the unified opinion of the treatment team that Anthony Gestone's brain is not viable."

'Incredible' support

In an interview Monday, Wallace said trust has been fractured with hospital staff and the family is seeking to transfer Gestone to another medical facility in the coming days.

"He's done better since the order was issued," Wallace said. "With getting nutrition for the next eight days, hopefully we'll see some improvement. And by that time, our expert will conduct a neurological examination to determine if he has any brain activity."

William Hauser said Gestone, his grandson, has worked in the family's window and door company since he was 13 years old.

"We wouldn't have the business and it wouldn't be where it is today without Tony," Hauser said. "I didn't know just how many people love him. The amount of support he's received is incredible."

An online crowdfunding campaign, established to help the family and to cover mounting medical expenses, has raised almost $90,000.