$35.6 Million Settlement for Teen Brain-Damaged After Westchester Medical Center Failed to Treat Fracture
Won by Kramer Dillof Livingston & Moore.
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.
What happened
On July 24, 2020, Aiden Zemon was 15 years old and riding a Razor scooter with friends when a car struck him. He was rushed to Westchester Medical Center in critical condition. Surgeons there treated a spleen injury, but medical staff did not address fractures to his frontal sinuses.
The untreated sinus fractures left a direct pathway for bacteria to reach his brain. In the weeks that followed, Zemon developed a series of life-threatening infections, including MRSA. The infections caused severe, permanent brain damage. By the time the case reached trial, Zemon was 19 years old and required around-the-clock care, had severely limited vision, and could not move independently.
Attorneys Judith Livingston and Thomas Moore of Kramer Dillof Livingston and Moore filed suit against Westchester County Healthcare Corp., the entity that operates Westchester Medical Center, contending that the failure to diagnose and surgically address the frontal sinus fractures was the direct cause of Zemon's catastrophic neurological outcome. Partners John Cagney and Matthew Gaier assisted on the case.
The defense initially offered $8 million to resolve the claim. The firm rejected that offer, along with four subsequent proposals, as the case proceeded to trial. On the fifth day of trial, in October 2024, Westchester County Healthcare Corp. agreed to pay $35.6 million to settle. The amount represented the largest pre-verdict medical malpractice settlement in New York State history, according to the New York Law Journal's coverage of the resolution.
Zemon will require 24-hour care for the remainder of his life.
Sources
This account is drawn from contemporaneous public reporting and the court record.
More proven verdicts from Kramer Dillof Livingston & Moore
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Thomas Moore won a $172 million jury verdict in Bronx Supreme Court for a woman left with catastrophic brain damage after FDNY EMTs responded to her 1998 cardiac arrest without essential equipment and advised her family to wait for a second ambulance instead of transporting her immediately.
A Suffolk County jury awarded $130 million to a girl who developed cerebral palsy after oxygen deprivation during her 2002 delivery at St. Charles Hospital, after Thomas A. Moore of Kramer, Dillof, Livingston & Moore tried the case three times; appellate review later cut the pain and suffering award to $4.25 million, and the firm reports the case resolved for $13.6 million in cash plus lifetime Medical Indemnity Fund coverage.
A Bronx jury awarded $120 million to Jacqueline Martin, a 45-year-old mother who suffered permanent brain damage after three New York City hospitals repeatedly failed to recognize and treat a severe allergic reaction to seizure medication that triggered Stevens-Johnson Syndrome.
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