When thirty-six-year-old Megan Espinoza went in for breast augmentation surgery on December 19, 2018, her family had no idea that this loving wife and mother of two young boys would never return home again. On September 24, 2024, almost six years after that horrible day, Megan’s family gave tearful testimony in a San Diego courtroom as Dr. Carlos Chacon and nurse Heather Lang Vass who were responsible for her death were sentenced to prison and then taken away in handcuffs.
A Deadly Surgery & The Death of Megan Espinoza
In the early afternoon of December 19, 2018, Megan Espinoza’s surgery began with plastic surgeon Dr. Carlos Chacon, at his private surgery center, Divino Plastic Surgery, in Bonita, California. It was supposed to be a routine surgery, but 85 minutes into the procedure, Megan Espinoza went into cardiac arrest, or as the defense maintained respiratory arrest, and by days end was transported to the hospital in critical condition. Never regaining consciousness, and left in a persistent vegetative state, six weeks later her family made the heartbreaking decision to let her pass, and she died on January 28, 2019. What exactly happened during that fateful surgery and the hours and days that followed?
It was soon revealed that nurse Heather Lang Vass performed conscious sedation, giving Megan Espinosa a fatal dose of powerful drugs, including ketamine and fentanyl, even though she was neither licensed nor trained in anesthesia. When Megan’s heart stopped, Dr. Chacon performed CPR and ordered nine doses of Narcan, a reversal agent, but he did not intubate Megan as he did not have the skills to do so. Instead of calling 911, he contacted several anesthesiologists for help but did not reveal Megan’s true condition to them. He continued seeing other patients, and instructed his staff not to call 911, even as Megan began making gurgling noises and exhibited seizure-like activity.
Finally, at 5:24 p.m. Dr. Chacon called 911. By that time, three hours had passed, and the damage was irreversible. It was too late to save Megan Espinoza.
Dr. Chacon Charged with Second-Degree Murder
Megan’s family filed a wrongful death and malpractice action against Dr. Chacon and nurse Vass, which was settled out of court. On December 16, 2021, the San Diego District Attorney’s Office filed manslaughter charges against both Dr. Chacon and Vass.
Nurse Vass pled guilty to involuntary manslaughter on May 16, 2023, and provided the district attorney with key information. The terms of her sentence were not set. Following nurse Vass’ disclosures, on April 6, 2023, the charges for Dr. Chacon were elevated to second-degree murder.
On September 21, 2023, Dr. Chacon’s preliminary hearing began in the courtroom of San Diego Superior Court Judge Maryann D’Addezio. Although a preliminary hearing is not a full trial, but merely meant to determine whether probable cause exists to order the accused to stand trial, the hearing took on trial like proportions, lasting two full weeks. Representing Dr. Chacon was attorney Marc Carlos, a veteran of high-profile criminal trials. At his side were attorneys David Rosenberg and Chad Edwards, specialists in representation of health care professionals. The prosecution was led by Deputy District Attorneys Gina Darvis and Hector Jimenez.
Shocking details were revealed of Megan’s surgery and Dr. Chacon’s reckless practice, and he was ordered to stand trial for second-degree murder. He was further prohibited from performing any further surgeries.
To read my in-depth story on the dramatic preliminary hearing, please go to: https://aleidalaw.com/judge-orders-dr-carlos-chacon-to-stand-trial-for-murder-in-patients-death/
Dr. Chacon Enters a Plea Agreement as Trial Draws Near
Practically on the eve of trial, Dr. Chacon entered a plea agreement in July of 2024. He pled guilty to voluntary manslaughter and three counts of aiding and abetting the practice of medicine without a license. The terms of the agreement called for a three-year prison sentence and a lifetime suspension of his California medical license. This turned out to be an incredible deal for him as the California Medical Board on its owns revoked his license. If he had gone to trial and the jury found him guilty of second-degree murder, California law requires a sentence of 15-years-to-life. He could have served life.
The plea agreement angered Megan’s family and friends, and they told the Court they had been robbed of a trial and true justice. Three years was simply not enough.
The Sentencing: Heart Wrenching Statements Are Given
Prior to pronouncement of the sentence, family and friends of the deceased are permitted to give victim impact statements. These are always heart wrenching to hear, and in this case even more so because of the knowledge that two young boys must now grow up without their mother.
Megan’s father was the first to speak. As there wasn’t a podium for him to stand at, he just stood behind the defendant’s table and spoke from his broken heart.
Megan’s Father: Our lives have a massive gaping wound that will not heal
Megan’s father, David Gorcey, said Megan’s boys were 3 and 6 at the time of her death, and are now 8 and 11. The family had to explain Megan’s death to them in a way a young child could understand, but they are still processing what happened to mommy. He said Megan was an intensely devoted wife and mother and was at the pinnacle of her life when she died.
He continued, saying that words cannot express the pain and anguish his family endures. “I will never again feel the warm embrace of Megan’s hug around my neck or hear her say, ‘I love you dad.’” He said, “Our lives have a massive gaping wound without our Megan in it. This wound will not heal.” He further said it does not get better with time.
Turning to the sentence, Mr. Gorcey pleaded with Judge D’Addezio to give Dr. Chacon additional time if she was able. (She was not). He said Dr. Chacon will serve 80% of his three-year sentence, which is only two years and four months. He asked for the maximum of 11 years, stating, “The minimum sentencing of three years seems, well, painfully inappropriate.” He asked Judge D’Addezio to closely consider Dr. Chacon’s demeanor and actions, and more importantly, his inactions.
Once Mr. Gorcey finished, Judge D’Addezio said, “Sir, thank you so much. I admire your strength.”
When Mr. Gorcey spoke, Dr. Chacon had been sitting facing Judge D’Addezio and with his back to the audience. But soon enough, there was a short break and then Judge D’Addezio announced that Megan’s family and friends wanted to address Dr. Chacon face-to-face. Dr. Chacon agreed to do so, she said. And with that Dr. Chacon and his attorney, Marc Carlos, turned their chairs around so they were directly facing Megan’s family.
Megan’s Friends Blast Dr. Chacon and Decry the Plea Agreement
Megan’s friend, Joanne, said Dr. Chacon could have helped her but instead chose to ignore her. “When did Do No Harm change?” she exclaimed, referring to the Hippocratic Oath physicians take, “First, Do No Harm.” She said Dr. Chacon’s lack of competency robbed so many people and she hopes he sits with the memory of how he acted so selfishly. At least he cannot hurt others, she finished.
Mina, speaking through constant tears, said Megan was her best friend and in the five years since her death, the pain has only deepened. She said Megan’s boys were only 3 and 6 when she died and have very little memory of their mother. Hearing this, Megan’s mom broke down crying. Mina said Megan’s death could have been prevented and it was a result of Dr. Chacon placing his financial business and gain above her life. It was a decision driven by greed, she pronounced.
Moving to the plea agreement, she said the case could have been presented to a jury, and now they are robbed of that. In an angry voice she decried the agreement, stating she wanted to address all who were involved in it. She said we put our trust in you, the plea agreement does not reflect the gravity of Megan’s death, and her faith in the justice system has been broken. She asked that nurse Vass’ license be revoked and that the maximum sentence be imposed.
Megan’s Brother: Ensure a message is sent
Megan’s brother, David Gorcey, said he echoes everything that had already been said and then told of how much he loves and misses his sister. He said she was an “immense force for positivity.” He asked for a sentence which would ensure a message is sent.
Megan’s Husband: It’s hard to live without Megan in my life
Finally, it was time to hear from Megan’s husband, Moises Espinoza. He tried to speak but immediately broke down, his whole body nearly collapsing onto the railing. His choked words halted as he cried. Judge D’Addezio looked on with the deepest of compassion and told him to take all the time he needed. He finally managed, “It’s hard to live without Megan in my life.” He said he lives with it every day and it still does not seem like reality sometimes.
He said, “I was robbed. I was robbed to say goodbye to her. I was robbed of our future.” Addressing his sons, he said, “They’ll never be able to understand the love a mother has.” He finished by saying the impact could not be said.
Megan’s Mother: You gave her the death penalty
Megan’s mother, Judith Gorcey, began by stating that no mother should have to write a victim impact statement because of the egregious conduct of two medical professionals. As she said this, she looked directly at Dr. Chacon and then nurse Vass who was sitting with her attorney in the jury box. She said they robbed her from her boys by their atrocious behavior.
“We did lose the light of our lives,” she said, before walking through Megan’s life. As she went through it all, she held up 8×10 photographs of her beloved daughter in her different stages. Ballet, teaching young students, meeting the love of her life. When she showed the wedding photograph of a radiant Megan, nurse Vass cried into her hands.
“You know how little the doctor valued my sweet girl’s life,” Mrs. Gorcey said. On she went, “That man and his nurse who are callously responsible for ending Megan’s life have given her the death penalty and all of us who loved her a sentence of extreme pain.” We can never reapply for our sweet, caring, loving Megan, referring to the fact that nurse Vass can reapply for her license.
She continued. Dr. Chacon made the conscious decision to not call 911. Looking directly at Vass, who was still crying, she questioned why she did not call 911. “How could you?” she demanded. She told her she should never be allowed to work as a nurse again.
As she finished, Mrs. Gorcey held up a final photograph of Megan which she slowly panned around the room stating, “This is the person you robbed the world of.”
Dr. Chacon’s Attorney: He knows he took a mother from her kids
Dr. Chacon’s attorney, Marc Carlos, stood and said that Dr. Chacon was not thinking of doing harm. He said that before this happened there were no calls to 911, no medical intervention at his clinic. At this point, Judge D’Addezio interrupted. She said Dr. Chacon and Vass six months before overdosed a patient and the patient was dragged out to her car. Referring to Vass’ statement that she had provided anesthesia to 100 patients prior to Megan Espinoza, Judge D’Addezio said that Dr. Chacon knew for the 101st time that he had not done everything right. He employed a nurse not authorized to provide anesthesia and he decided to take his chances with people’s lives.
Once Judge D’Addezio finished, Carlos stated that Dr. Chacon took responsibility and has remorse. He said Dr. Chacon’s conduct was the most proximate cause and he has to live with it. “He knows he took a mother from her kids.” He then said to listen to what Dr. Chacon had to say.
Dr. Chacon: I am profoundly sorry
As eyes turned to Dr. Chacon, he began to read from a prepared statement. He started by saying standing before the court was the hardest thing he has ever had to do, and no words could be enough. He then said, “I am deeply, deeply sorry for the immense pain and suffering that my failure to fulfill my duty has caused to those who know, knew, and loved her. I can’t undo what happened and it haunts me daily. She trusted me with her care, and I failed her.”
He went on to say, “I am profoundly sorry. I take full responsibility.” He said he voluntarily surrendered his license. Turning to Megan’s family, he said, “I am truly sorry. I carry the burden of this tragedy for the rest of my life.”
Then addressing Megan’s father directly, he said, “You are a far better man than I ever could be to stand behind these rails. You should know at my core, if I could trade places with Megan I would.”
Judge D’Addezio Sentences Dr. Chacon: You thought about you and only you
It was now time to hear from Judge D’Addezio. She told Dr. Chacon, “You violated your oath and trust.” She said, “If he had only lived up to his duty and called for help.” With “my heavy heart” she makes the order. Addressing the plea agreement, she said she trusts the district attorney had carefully evaluated it, before stating she agreed the sentence was appropriate. She declared before imposing sentencing, she must make remarks.
Judge D’Addezio said that first a doctor must do no harm. They must practice two things: Help or Do No Harm. “You did neither,” she told Dr. Chacon. From the moment you created the chart. (Dr. Chacon had created a drug chart which was used as a standing order for all patients, devoid of specific orders for each patient’s needs). Judge D’Addezio went on to say he had audacity to create it as he had no training in anesthesia. Fired up, she said he hired untrained people, aggregated responsibility to them, and then blamed them.
She said Dr. Chacon used Vass to cut corners to save money. She said he left the operating room while Megan was breathless to see other patients and instructed his staff not to call 911. “You left your struggling and dying patient multiple times.” She went on, “I am not sure what level of callousness you have to stoop to, to go see another patient.”
A screenshot that she still sees is of Dr. Chacon leaning on an oxygen tank with a cell phone in his hand, like he was standing waiting for a bus. He had the phone in his hand, and he could have called 911. He did not call for three hours. And when he called, he lied again.
She opined Dr. Chacon delayed in calling 911 because it would have been discovered he had instructed Vass to administer anesthesia even though she was not licensed and qualified to do so. She also said an ambulance pulling up to the clinic while prospective clients were at the office would hurt his business. “You thought about you and only you.”
She said he had a lack of care for his patients, specifically again addressing the patient who six months prior had been overmedicated by Vass, could not be awakened, and was dragged to her car, while her family was told to let her “sleep it off.”
Noting the charitable work the defense said Dr. Chacon had performed, she said, “The good things you’ve done to feed your ego. The bad things you’ve done to feed your pocket.” She then pronounced, “Greed got the better of you.” She told him he took the life of a trusting mother, calling his actions “despicable.”
Then it was finally time for the actual sentence to be imposed. Under the terms of the plea agreement, she sentenced Dr. Chacon to three years in prison and no medical license. Dr. Chacon was then handcuffed and taken into custody.
Judge D’Addezio called for a 10-minute recess before the sentencing of nurse Vass.
Vass’s Attorney Argues for Probation
After the break Heather Lang Vass’ attorney, Domenic Lombardo, began by saying the enormity of the loss could not be stated and that the tragedy was preventable. Yet, the Court must be guided by the Rules of Court and not emotion, he stated. He said Dr. Chacon and nurse Vass’ positions were totally different and said the judge had discretion in sentencing.
He then requested probation stating his client’s conduct was not as egregious as Dr. Chacon as she never left the patient and that she was immediately remorseful. He showed a photograph off Vass collapsing and crying after the surgery. He said she also took responsibility by pleading guilty. She told the district attorney the truth and gave them the information they needed the most, which helped facilitate a guilty plea from Dr. Chacon. She voluntarily surrendered the text messages about the other patient who had been overmedicated. “That was incredibly important,” Lombardo emphasized. It played a role in justice and “turned the tide.”
He then argued that Vass did not know the patient who had been overmedicated was dragged out and sent on her way in such a reckless manner. Nurse Vass did not know the depth of Dr. Chacon’s incompetence. At this, Judge D’Addezio interrupted and said, “What about the depth of her incompetence?” She was acting like an anesthesiologist. Lombardo said she admitted she was practicing without a license and that her remorse was genuine.
Again, he raised her cooperation stating he could not imagine Dr. Chacon pleading guilty without the information Vass brought them. He closed by saying the actions and attitudes of Dr. Chacon and Vass were different and Vass should be granted probation.
Nurse Vass Apologizes to Megan’s Family
Vass who had cried throughout the victim impacts statements rose and turned to Megan’s family and said that she is a mother and thinks about how it would affect her children if they had lost her. She then said, “Words cannot express how deeply and truly sorry for my part in her untimely death and how it will haunt me for the rest of my days that I did not call for help.” She said she prays for their solace.
Judge D’Addezio Sentences Nurse Vass: You have learned nothing
Judge D’Addezio agreed Vass was cooperative and remorseful but said the circumstances could not be more egregious. She said Vass gets a discount for her cooperation, but how much? She said the victim could not have been more vulnerable and Vass was an active participant. She knew she was not an anesthesiologist. She was working at Dr. Chacon’s office as a “side hustle.” Judge D’Addezio said Vass admitted to giving anesthesia 100 times to patients to make extra money even though she “had no business” providing anesthesia as she was not licensed to do so. “One hundred times she put her desire for extra cash over her own patients.”
Six months earlier she overmedicated a patient which was her notice, said Judge D’Addezio. “She was on notice but didn’t do a thing.” Dr. Chacon texted Vass she really “snowed” the patient, and he could not wake her up. Vass replied saying it was hard to get the patient down because she used marijuana. To this, Judge D’Addezio said, “It shows that before even considering taking blame for herself…she’ll blame someone else. In this case, the darn marijuana smoker.”
Judge D’Addezio said what Vass neglected to do was call 911. “Four little symbols.” There is no explanation why she did not call 911, and if she had “we wouldn’t be here today.” Judge D’Addezio opined the only reason Vass did not call 911 when Megan was dying was because she knew her side hustle would be up, and she would have to explain why she was giving anesthesia.
Judge D’Addezio then said in sentencing she considered Vass’ prior conviction of DUI with serious injury, noting Vass’ blood alcohol level was .19, twice the legal limit. She said Vass just did not care about the safety of others. After being on felony probation, she should have walked the straight and narrow. “Instead, you said I wanna make some extra cash. So, I’m gonna violate the law and I’m gonna violate my license regulations and I’m going to inject people with fentanyl and ketamine and hope for the best.” She said Vass had learned nothing from her time on felony probation from her DUI conviction.
In coming to the actual sentence, Judge D’Addezio stated Vass was a continuing danger and that the community must be able to trust health care professionals. She denied probation and sentenced her to two years in prison. She must also pay $40,000 in restitution to Megan’s husband.
As she was taken into custody, Vass turned to look at her husband who was seated in the courtroom and mouthed, “I love you.” He said it back. And with that Megan’s family and friends watched nurse Vass taken away in handcuffs to serve her time.
Judge D’Addezio’s Final Words to the Family
As the hearing ended, Judge D’Addezio told the family she wished she could say it was nice to meet you, but that would not be the case. Instead, she said, “I will keep you in my thoughts.”
About Aleida K. Wahn, Esq.
I am an attorney, award-winning true crime writer, and legal analyst of criminal cases. I cover criminal trials and write stories and books about compelling, gripping, and unforgettable cases that impact our world. I take you into the courtroom in high-profile murder trials, rape cases, crimes of passion, cases involving mental illness, deviant behavior, and more. I have a deep passion for true crime, criminal law, and all aspects of the criminal justice system. I have appeared as an expert on true crime shows, including “48 Hours,” “Snapped,” and “The Dead Files,” and provided legal analysis on high-profile criminal trials on Court TV, the Law & Crime Trial Network, Fox 5 News, ABC 10 News, and KUSI News. I also create and host shows with the Del Mar Television Producers Group, addressing criminal justice and social issues in recent criminal trials.
I provided my insight and legal analysis on Court TV and the Law & Crime Trial Network of the high-profile trial of former NFL star Kellen Winslow Jr. It was a trial that captured the nation as the heralded ex-football star with fame, fortune, and a famous name stood accused of multiple rapes and other sex crimes involving five women. As the trial delved into shocking facts, complicated legal issues, and unexpected twists and turns, I was there for every minute. After the trial, I wrote a book on the case, going behind the headlines to share the extraordinary details of what happened inside the courtroom. Judging Winslow Jr.: From NFL Star to Serial Rapist? Inside the Shocking Rape Trial of Kellen Boswell Winslow II is now available on Amazon.
I am passionate about telling true crime stories, as these penetrating stories have the power to move us all, while highlighting societal issues which need to be addressed. I have personally seen the human devastation which is present in each trial and believe there is a lesson to be learned in every single case. It is through awareness and examining critical issues society can effect change and even make new laws. To learn more, please visit: https://www.aleidalaw.com.
Read about the gripping and unforgettable trials that I have covered in my latest books:
