A Nassau County judge has put a tight deadline on a Farmingdale family's battle over their son's care, giving them 24 hours to either move their 23-year-old son to another hospital or allow Nassau University Medical Center to run tests that could declare him brain dead. Justice Donald X. Clavin Jr. signed the order Tuesday, setting a hard cutoff of 5 p.m. Wednesday. Anthony "Tony" Gestone remains critically injured after a single-vehicle crash on the Wantagh State Parkway earlier this month.
Judge sets 24-hour deadline
The court order directs the family to either secure a transfer for Gestone or permit NUMC to conduct brain-death testing within a 24-hour window that expires at 5 p.m. Wednesday, according to News 12. State police told the outlet the single-vehicle crash happened around 11 a.m. on April 10 on the northbound Wantagh State Parkway near Exit 5, when the vehicle crossed the center median and hit a tree. The family has asked the hospital to halt tests that would determine brain death, citing religious objections.
Family seeks religious accommodation and independent review
In an emergency petition, Gestone's mother argued that the hospital failed to provide nutrition and submitted video she says shows repetitive finger and foot movements, according to Greater Long Island. Under a stipulation filed in court, NUMC agreed to pause a planned brain-perfusion (SPECT) test while the family's private neurologist reviews his records, and the hospital supplied the family with a hard drive containing his medical files.
Hospital attorneys wrote in court documents that since April 10 there has been "no appreciable evidence supporting a conclusion that there is brain activity to the brainstem."
Community rallies; fundraiser grows
A GoFundMe created to help cover Gestone's medical and legal expenses had raised roughly $104,000 at last check, according to the campaign page. Dozens of friends and relatives reportedly showed up at the Nassau County courthouse in Mineola when the injunction on testing was extended, according to Long Island Traffic.
What the testing would mean
Determining brain death typically involves a detailed clinical exam along with an apnea test to see whether a patient can breathe without ventilator support. When needed, additional studies such as a SPECT scan can be used to show absent cerebral blood flow, experts say, according to StatPearls/NCBI.
NUMC's internal policy allows for short "reasonable accommodation" of ventilator support when families raise religious objections, but Gestone's family is pushing for more time than the 72 hours mentioned in that policy, according to Greater Long Island.
What happens next
The judge's order gives the family until 5 p.m. Wednesday to arrange transport for Gestone or allow NUMC to move ahead with brain-death testing, according to News 12. In a statement to the outlet, NUMC said, "Our medical team has clinical concerns that should be addressed in order to ensure we are providing the right care. We remain hopeful for the best possible outcome."
