About Matthew Gaier

Matthew Gaier is a partner at Kramer, Dillof, Livingston & Moore and devotes the majority of his practice to appellate work, writing briefs and arguing appeals before New York's highest courts. He is the co-author of the three-volume treatise New York Medical Malpractice (Revised Edition), a definitive compendium of New York malpractice law, and co-authors a regular column for the New York Law Journal with partner Thomas Moore. His appellate victories include sustaining a $28.9 million judgment in Desiderio v. New York Hospital (the largest single-plaintiff judgment in state history at the time), and securing new trials that led to verdicts of $130 million in Reilly v. Ninia and over $29 million in Klupchak v. First East Village Associates. He established a special duty in Applewhite v. Accuhealth, Inc. before the New York Court of Appeals, leading to a $172 million damages finding.

In 2019, Best Lawyers recognized him as Lawyer of the Year in product liability in the New York area. He is a member of the National Association of Distinguished Counsel (Top 1% of U.S. attorneys) and has been listed in Super Lawyers since 2007. Gaier graduated from George Washington University in 1983 and from New York University School of Law in 1987.

Proven verdicts and settlements

$50 millionVerdictTop 10 of 2003 · #4

When a shunt revision at New York Hospital failed and went unaddressed in 1990, Samuel Desiderio suffered catastrophic brain damage; a jury awarded roughly $50 million and New York's highest court upheld the structured judgment in full.

New York Court of Appeals (100 NY2d 159) · 2003Medical MalpracticeRead the full story →
$45.2 millionVerdictTop 20 of 2018 · #17

A Manhattan jury awarded $45.2 million to Marion Hedges, who suffered permanent brain damage after two boys threw a shopping cart from a fourth-floor walkway onto her head at East River Plaza mall in East Harlem on October 30, 2011.

Manhattan Supreme Court · 2018Premises LiabilityRead the full story →
$35.6 millionSettlement

Kramer Dillof Livingston and Moore secured a $35.6 million pre-verdict settlement, the highest in New York State history at the time, for a teenager who suffered catastrophic brain damage after Westchester Medical Center failed to treat frontal sinus fractures sustained in a scooter collision.

New York (Westchester County Healthcare Corp.) · 2024Medical MalpracticeRead the full story →
$29 millionVerdictTop 20 of 2017 · #18

In March 2017 a Manhattan jury found the owner of 82 Second Avenue liable after Anastasia Klupchak, then a 22-year-old NYU student, fell through an unguarded opening in an illegal vertical ladder fire escape in 2008 and was paralyzed from the waist down. The jury set her damages at about $37.4 million and found her 25 percent at fault, which brought the net figure to about $29.4 million. A high-low agreement signed before the verdict capped the payout, and Klupchak recovered $29 million.

New York County Supreme Court, Manhattan · 2017Premises LiabilityRead the full story →

Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.

Practice areas

Education

New York University School of Law
J.D., 1987
George Washington University
Undergraduate, 1983

Bar admissions & credentials

State Bar of New York, admitted 1987

Other attorneys at Kramer Dillof Livingston & Moore

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Proven verdicts and settlements from other New York firms

Weitz & Luxenberg
Weitz & Luxenberg
$10.9 billion · Weitz and Luxenberg Helps Win $10.9 Billion Roundup Settlement for 125,000 Non-Hodgkin Lymphoma Claimants
Levy Konigsberg LLP
Levy Konigsberg LLP
$43.1 Million Verdict Against R.J. Reynolds for Brake Mechanic's Lung Cancer From Menthol and Asbestos
Jacoby & Meyers, LLP
Jacoby & Meyers, LLP
$34 million · Jury Awards $34 Million After Prempro Hormone Therapy Causes Breast Cancer and Double Mastectomy
Morelli Law Firm PLLC
Morelli Law Firm PLLC
$265 million · The Amtrak 188 Derailment and the $265 Million Fund for Its Victims

Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.