Accomplishments

On July 3, 2024, Alan J. Fumuso obtained a defense verdict after a two week trial in Supreme Court, Nassau County, before the Hon. Christopher J. McGrath. This was a case of alleged Wrongful Death and Conscious Pain and Suffering of a then 49 year old married man in which plaintiff’s counsel, the Chairwoman of the New York State Trial Lawyers Association, alleged that the defendant Family Practitioner was negligent in not diagnosing congestive heart failure, in failing to do certain cardiac testing, and in failing to send the plaintiff to a cardiologist for further evaluation. Plaintiff’s expert cardiologist testified that the defendant committed six separate departures from accepted practice, all contributing to the plaintiff’s death. Plaintiff’s attorney also called an economist who testified to economic loss to the Estate of approximately $1,000,000. The defense countered with an expert cardiologist, and asserted that the Plaintiff never had congestive heart failure. More specifically it was the position of the defense that his death was due to a sudden cardiac arrythmia secondary to a stenosis of the plaintiff’s right coronary artery, and was not foreseeable.

Plaintiff’s attorney asked the jury for a total of $4.5 million dollars in damages, including pain and suffering, economic loss to the Estate, and Loss of Guidance to the Plaintiff’s 17 year old daughter. The jury deliberated for 6 hours over two days, and ultimately returned a defense verdict on behalf of the defendant.

On May 28, 2024, Jordan Karp obtains a trial dismissal in Court of Claims. It was alleged that the defendants were negligent in the maintenance of their facility allowing for a dangerous condition to exist with that being a broken stairwell that created a dangerous work environment for their employees. The defense asserted that they appropriately maintained their facility, and they were not on notice of any alleged dangerous condition. The Court issued a decision on May 28, 2024 dismissing the case against the defendants.

On May 21, 2024, Jordan Karp secures a Defense Verdict in Suffolk County. It was alleged that the defendant was negligent during the course of an orthopedic examination, causing the plaintiff to have her recent Fulkerson Revision Surgery to fail and for the need for a Patellectomy. It was the defense’s position throughout the course of the trial that at all times the care was appropriate and that it was the plaintiff’s pre-existing condition that was the cause. The trial consisted of the testimony of multiple witnesses and treating doctors as well as experts in the field of orthopedics. After a brief deliberation, the jury returned with a unanimous verdict for the defense.

On February 9, 2024, Christian Fumuso received a Defense Verdict after a three week trial in Nassau County Supreme Court before Judge Lisa Cairo. It was alleged that the defendant OB/GYN was negligent in her performance of a D&C procedure on a 54 year old patient with a history of abnormal uterine bleeding that allegedly resulted in the perforation of the patients uterus and large bowel. As a result of the alleged dual organ perforation, it was claimed that the patient was required to undergo an exploratory laparotomy after the presence of free air was identified via abdominal CT and the patient sustained multiple post-op complications that required her to be hospitalized for months. The defense maintained that the D&C was both indicated and performed appropriately as there was no clinical, radiological or surgical evidence of a perforated uterus and/or bowel caused by a medical instrument. Instead, the defense argued that the free air shown on the abdominal CT was the result of a ruptured diverticulum that was unrelated to the defendant’s care. The trial consisted of 9 total witnesses with 5 experts from the fields of Gynecology, Radiology and Surgery.

Plaintiff’s attorney asked the jury for 3 million dollars in past pain and suffering at the time of summation along with an additional $500,000 for expected future medical costs. The jury deliberated for three and a half hours and returned a verdict on behalf of the defendant OB/GYN.