Introduction
Medical malpractice remains a critical concern in healthcare, with significant implications for patients, providers, and the legal system. Westchester County, New York, has recently witnessed several high-profile medical malpractice cases that have garnered attention due to their substantial verdicts and settlements. These cases highlight the importance of adhering to established medical standards and the potential consequences when deviations occur.
This article provides an in-depth analysis of three notable medical malpractice cases in Westchester County:
- A record-breaking $120 million verdict against Westchester Medical Center.
- A $35.6 million pre-verdict settlement in a pediatric brain injury lawsuit.
- A $23.3 million jury award for a fatal pulmonary embolism.
By examining these cases, our medical malpractice attorneys in White Plains aim to shed light on the circumstances that led to these outcomes and the broader implications for the medical and legal communities.
Record-Breaking $120 Million Verdict Against Westchester Medical Center
Case Background
In November 2023, a Westchester County jury awarded $120 million in the case of Lee v. Westchester Medical Center, marking the largest medical malpractice verdict in the county’s history. The plaintiff, William Lee, a 41-year-old commercial real estate broker, suffered a basilar artery stroke at home on November 27, 2018. Emergency medical services transported him to Westchester Medical Center at approximately 3:40 AM.
Upon arrival, a CT angiogram (CTA) was performed. However, no board-certified radiologist was available to interpret the scan. Resident physicians reviewed the CTA and concluded it was normal. It wasn’t until three hours later that an attending radiologist identified a basilar artery occlusion—a critical blockage requiring immediate intervention.
By the time the clot was addressed, Mr. Lee had sustained irreversible brain damage, leading to severe cognitive impairments. He now resides in a residential brain injury center and requires lifelong, around-the-clock care.
Trial Highlights
During the trial, lead attorney Ben Rubinowitz emphasized the principle of “time is brain,” underscoring the urgency in treating strokes promptly to prevent extensive brain damage. The defense argued that Mr. Lee’s condition was already irreversible upon arrival. However, the jury found that the delay in diagnosis and treatment directly contributed to the severity of his injuries.
Verdict Details
The jury’s award included:
- $9.375 million for past pain and suffering.
- $41.625 million for future pain and suffering.
- $9.375 million for past loss of services to Mr. Lee’s spouse.
- $41.625 million for future loss of services.
- $550,000 for past medical expenses.
- Additional funds for future residential and medical care.
This verdict not only set a county record but also stands as one of the largest medical malpractice awards nationally.
$35.6 Million Pre-Verdict Settlement in Pediatric Brain Injury Case
Incident Overview
In October 2024, Westchester Medical Center agreed to a $35.6 million settlement during the fifth day of trial, representing the largest pre-verdict medical malpractice settlement in New York State history. The case involved 15-year-old Aiden Zemon, who was struck by a car while riding his scooter in July 2020.
Upon admission to the hospital, Aiden was treated for a cauterized spleen and facial fractures. However, medical staff failed to address his frontal sinus fractures adequately. This oversight left him vulnerable to severe infections, including methicillin-resistant Staphylococcus aureus (MRSA). Subsequently, Aiden developed a life-threatening brain infection, resulting in permanent brain damage. He now requires 24-hour care.
Settlement Dynamics
Aiden’s legal team declined multiple settlement offers—ranging from $8 million to $33 million—before reaching the $35.6 million agreement. The substantial settlement reflects the severity of the injuries and the perceived negligence in failing to diagnose and treat the sinus fractures promptly.
$23.3 Million Verdict for Fatal Pulmonary Embolism
Case Details
Earlier in 2024, a jury awarded $23.3 million to the family of 48-year-old Jesus Espitia, who died from a preventable pulmonary embolism. Mr. Espitia was admitted to the hospital in October 2018 following a traumatic brain injury. As his condition improved, plans were made for his discharge.
However, hospital staff failed to implement standard preventative measures against deep vein thrombosis (DVT), such as using sequential compression devices or administering anticoagulant medications. Consequently, Mr. Espitia developed a pulmonary embolism, leading to cardiac arrest and death.
Jury Findings
Expert testimony during the trial highlighted lapses in nursing protocols and inadequate documentation. The jury concluded that these failures directly contributed to Mr. Espitia’s death, emphasizing the critical importance of adhering to post-trauma care standards.
Trends and Takeaways
Emergence of “Nuclear Verdicts”
The term “nuclear verdicts” refers to exceptionally large jury awards, typically exceeding $10 million. Westchester County has seen a rise in such verdicts, reflecting a broader trend of juries awarding substantial damages in cases involving clear deviations from medical standards.
Importance of Early Case Development
These cases underscore the significance of thorough pre-trial preparation. Comprehensive evidence gathering, expert witness consultations, and detailed case analysis can influence settlement negotiations and trial outcomes.
Institutional Reforms
The highlighted cases have prompted discussions about necessary reforms within medical institutions, including:
- Ensuring 24/7 availability of board-certified specialists.
- Implementing robust protocols for stroke diagnosis and treatment.
- Adhering strictly to post-operative care guidelines to prevent complications like DVT.
Role of Expert Witnesses
Expert testimony played a pivotal role in each case, helping juries understand complex medical issues and assess whether standard care protocols were followed.
Conclusion
The recent medical malpractice cases in Westchester County serve as stark reminders of the profound impact that medical errors can have on individuals and families. The substantial verdicts and settlements reflect a judicial acknowledgment of the severity of these incidents and the importance of accountability in healthcare.
For patients and their families, these cases highlight the necessity of vigilance in medical settings and the importance of seeking legal counsel and a medical malpractice attorney in White Plains when adverse outcomes occur. For healthcare providers, they underscore the critical need to adhere to established medical standards and protocols to prevent harm and maintain trust in the healthcare system.
As the legal and medical communities continue to navigate the complexities of medical malpractice, these cases will undoubtedly influence future practices, policies, and patient care standards in Westchester County and beyond.
If you or a loved one has suffered harm due to potential medical negligence, it’s important to speak with an experienced medical malpractice attorney in White Plains such as Kent Hazzard & Freeman, as soon as possible. At Kent Hazzard & Freeman, we have a trusted network of qualified experts across various specialties available to review your potential malpractice case. Early legal guidance can help you understand your options and pursue the appropriate course of action.