A recent medical malpractice lawsuit—Pastor v Anthony Policastro, M.D., et al.—settled at trial, pre-verdict for over $35 million. Plaintiff Aiden Zemon, a 15-year-old who was struck by a car in 2020, sustained severe injuries, including brain damage, due to alleged medical malpractice at Westchester Medical Center. After the accident, doctors cauterized his spleen but failed to address fractures in his frontal sinuses, leaving his brain vulnerable to infections, including MRSA. These infections caused permanent brain damage, resulting in Aiden’s need for 24-hour care. Now 19, he has poor vision, is unable to move without assistance, and is confined to his room, relying on others for basic needs.

The case settled for $35.6 million, the highest pre-verdict malpractice settlement in New York's history. This settlement was reached after several offers were rejected, with the final amount agreed upon during the trial. Claims against individual healthcare providers were dismissed. Despite his condition, Aiden remains a central figure in his family's life.

Read the New York Law Journal here.

Read the amended bill of particulars setting forth the alleged injuries here: 

( Download Arlene Pastor Amended Bill of Particulars).