Catastrophic Stroke Victim Won Jury Award of $121,668,263 In Westchester County

In one of the largest recorded medical malpractice verdicts, a 41 year old Manhattan real estate broker who suffered catastrophic brain injuries was awarded: $51M for pain and suffering; $550,000 for past medical expenses and $19,118,263 for future medical expenses. His wife was awarded $51,000,000 for loss of services bringing the total verdict to $121,668,263. Based on a high/low settlement entered into between the parties prior to the verdict, the plaintiff's will receive far less than the verdict but far more than the defendant's wanted to pay. The verdict was rendered on November 20, 2023 in Supreme Court, Westchester County.

On November 27, 2018, the plaintiff was found unresponsive in his home and brought to Westchester Medical Center. A stroke code was promptly called. Imaging studies included a head CT and head/neck CT angiography which revealed evidence of an embolic stroke requiring an emergent thrombectomy to remove a clot in his brain. Unfortunately, there was a consequential delay in performing the thrombectomy as the initial interpretation of the imaging studies by two second-year neuroradiology residents was negative. One of them called the attending neurologist on call who was working remotely - but  - he was unable to to view the images because of a software malfunction. It wasn't until the attending doctors arrived 3 hours later that they noticed the resident's mistaken interpretation of the imaging studies and rushed plaintiff into surgery.

There was also a claim of an unnecessary delay in determining the cause of the stroke (a hypercoagulable condition or blood clotting disorder called CAPS) so treatment with an anticoagulant (Warfarin) could be promptly administered. The jury apparently agreed that the administration of Warfarin would likely have prevented the subsequent strokes which did occur in the following days and led to a steep decline in neurological functioning. All that was needed would have been to check a box to add a blood test for a hypercoagulable panel, in addition to one of the several daily blood tests that were already being ordered.

The plaintiff, who was a successful broker, has been institutionalized since the stroke due to severe cognitive damage and will require 24/7 care for the rest of his life. Lee v Westchester County Health Care Corp, 2023 WL 8599252

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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