Accomplishments

On July 24^th Alan J. Fumuso, after a three week trial, obtained a defense verdict in an adult brain damage case in Supreme Court Nassau County before Judge Gregg Roth.   The Plaintiff, a then 49 year old woman, alleged that the defendant oral surgeon was negligent in treating her for expectant osteoradionecrosis of her mandible following the patient receiving 7000 rads of radiation therapy for treatment of tongue cancer.    The treatment by the oral surgeon included the patient receiving 52 “dives” of hyperbaric therapy over a 3 month period.   After the treatment the plaintiff had documented significant and permanent cognitive issues which resulted in her losing her job and being placed on Social Security disability.   The case involved multiple issues of informed consent, negligence, and proximate causation.    The jury deliberated for 4 hours before returning a verdict on behalf of the defendant on all 5 departure questions.

On July 24,2026, Anthony Marino obtained a defense verdict in Supreme Court, Suffolk County after a two week medical malpractice trial before Justice Alison Napolitano.  The case involved multiple hospital admissions, and the allegation involved the failure to diagnose and appropriately treat a partial small bowel obstruction that eventually evolved into a complete obstruction causing a perforation in a 37 year old male.  After hearing testimony from the parties as well as several expert witness surgeons, the jury returned a unanimous verdict finding no deviation in the standard of care in just under two hours.

On June 12, 2026, Christian Fumuso secured a unanimous defense verdict on behalf of a dental provider who performed a full mouth restoration involving 20 crowns and 4 implants after a 2 week trial before Judge Alison Napolitano in Supreme Suffolk County Court.  Plaintiff alleged that the full mouth restoration was not indicated due to the patients history of bruxism and the subsequent failure was to be expected.  As a result of the alleged restorative failure, the plaintiff was required to have all 20 teeth removed and was given a permanent implant bridge with denture support.  The defense contended that the full mouth restoration was both indicated and properly performed, and the subsequent failure was due to the patients noncompliance with wearing an occlusal guard and proceeding with implant support as recommended.  The jury deliberated for 30 minutes and returned a unanimous defense verdict.  

On July 9, 2026, after one week of trial, Anthony Marino obtained a unanimous defense verdict in a dental malpractice case in Supreme Court, Nassau County.  The plaintiff alleged that the client dentist placed permanent crowns without properly checking for any malocclusions.  The plaintiff claims her bite was off and as a result she suffered acute TMJ disorder that resulted in severe jaw pain and headaches and affected her daily activities.  The case was tried before Justice Rhonda E. Fischer and the plaintiff asked the jury for a total award of $1,700,000.00 covering both past and future pain and suffering.  After deliberating less than two hours, the jury returned a unanimous verdict in favor of the defense.