Accomplishments

October 2022  –  Defendant’s Verdict in Surgical Malpractice Case

Alan J. Fumuso obtained a Defendant’s Verdict after a two week trial in Supreme Court Nassau County before Judge David Sullivan.   The defendant surgeon did a complete surgical removal of a large, circular, 9 X 9 cm. epidermal inclusion cyst on the 51 year old male  plaintiff’s back.    Post operatively the plaintiff sustained numerous complications including bleeding from the wound which required a further hospitalization, and two additional major reparative operations by a plastic surgeon which left the plaintiff with a restrictive, unsightly, large zig-zag scar on his back.  Plaintiff’s expert alleged that the defendant was negligent in not doing a less invasive incision and drainage, and not giving the plaintiff that treatment alternative.   Defendant contended that an incision and drainage would not have completely eradicated the infected cyst, and that the extent of plaintiff’s disease warranted a complete surgical removal as the only treatment alternative.   Defendant also contended that the plaintiff sustained recognized post operative complications,  and that the plaintiff voluntarily left his care shortly after the procedure, thereby denying the defendant the opportunity to treat the plaintiff’s wound non-surgically.    Plaintiff in his summation asked the jury for $1,750,000 in damages.   The jury deliberated parts of two days, and returned a unanimous verdict on behalf of the defendant surgeon.

September 2022 – Directed Verdict in Medical Malpractice Surgical Case Involving Appendectomy/ Ileocecal Resection

After a two week trial in the Long Island City Courthouse of the Supreme Court, Queens County,  Anthony Marino obtained a directed verdict from Justice Robert I. Caloras.  The case involved a then 16 year old plaintiff who went to see his pediatrician in August of 2015 with complaints of lower right quadrant pain.  The pediatrician advised that it was a muscle strain and advised to ice the area, rest and return if it worsened.  On September 13, 2015, he was seen in the emergency room of St. Joseph’s Hospital by the Defendant Surgeon who diagnosed severe appendicitis with possible phlegmon and proceeded to perform an open surgical appendectomy and also removed the cecum.  Post surgically, the plaintiff developed a leak at the cecum  suture site causing infections and sepsis requiring multiple antibiotic administrations through a PICC line, the insertion of drains, and surgical procedures.  The now 23 year old Plaintiff claimed that the Surgeon was negligent in performing the surgery rather than administering antibiotics first to reduce the swelling as to allow a safer procedure that would not require removal of the cecum.  Plaintiff also alleged malpractice in the management of the post-operative care and lack of informed consent.  Upon a motion for directed verdict at the end of Plaintiff’s case, the Court dismissed the case against the Surgeon.

June 2022 – Defendants Verdict in Wrongful Death Case

In an important victory for First Responders, Christian A. Fumuso obtained a defendants verdict after a three week trial in Suffolk County before Judge Jospeh Santorelli.  The case involved an incident wherein the defendant Paramedic and the defendant Suffolk County EMS crew were called to a home to assist a mother who was in the process of delivering a child.   An obstetrical complication in the form of  shoulder dystocia was observed by the Paramedic, an unsuccessful attempt was made at delivery in the home of the parents, and the child thereafter delivered spontaneously in the ambulance as a stillborn.   Plaintiff claimed that the Paramedic and other First Responders were negligent in failing to follow ALS and First Responder Protocols to utilize certain obstetrical maneuvers to safely deliver the infant, and to perform proper supportive measures while the baby’s head was out of the mother’s uterus.   Defendants responded that proper protocols were followed, and that a Paramedic in the field cannot be held to the standard of an Obstetrician.    Eleven witnesses were called during the trial, including 6 expert witnesses in the fields of Obstetrics, Neonatology, Psychology, and Paramedic/EMT practice.  The plaintiff alleged damages to the mother due to the death of her baby in the form of significant and permanent psychological injuries, grief, loss of enjoyment of life, and mental pain and suffering.   Plaintiff’s attorney in his summation asked the jury for $2,450,000 in damages.    The jury deliberated for one hour, and returned a unanimous defense verdict on behalf of the Paramedic and  First Responder Team.

May 2022 – Defendant’s Verdict in Podiatric Malpractice Case

On May 9, 2022, Anthony Marino obtained a defense verdict after a one week trial before Justice George Nolan in Supreme Court, Suffolk County. The 34 year old plaintiff alleged that the defendant doctor needlessly performed a surgical procedure to remove a bony prominence from her toe and that in doing so he removed healthy bone from her joint causing nerve and tendon damage. She also claimed that the doctor did not provide the proper information regarding the risks of the surgery so that she could give proper informed consent. As a result, the plaintiff claimed she could not walk properly, had issues with her gait, experienced persistent pain and that her left foot was “clawed” and deformed. She also claimed that the condition was permanent and suggested the jury award $460,000.00 in damages. After testimony from the parties, expert witnesses and the plaintiff’s mother, the jury returned a verdict in favor of the doctor on all claims in less than an hour.

March 2022  –  Defendants Verdict in Oral Surgery Case

Alan J. Fumuso, in one of the first trials since the reopening of the Courts after the COVID pandemic, obtained a defendants verdict in March of 2022 after a two week trial in Supreme Court Nassau County before Judge Leonard Steinman. The 28 year old male Plaintiff alleged that the defendant Oral Surgeon was negligent in the removal of  plaintiff’s 3rd molar teeth, and did so without obtaining an appropriate Informed Consent, resulting in damage to the plaintiff’s inferior alveolar nerve. The plaintiff during the trial established that he had permanent altered sensation to his lip and chin. Plaintiff’s allegations included alleged failure to perform a pre-extraction CBCT scan, failure to perform a coronectomy as an alternate procedure, improper post extraction treatment, and failure to make timely referral to a microsurgeon for reparative surgery. Expert witnesses were called on both sides, and all parties took the stand. After deliberating for 3 hours, the jury returned a unanimous verdict on behalf of the defendants.

August 2020 – Defense Verdict in Medical Malpractice Case

On August 3, 2020, Partner, James F. Farrell, Jr., assisted by Senior Associate, Michelle C. Acosta, secured a defense verdict on behalf of a Suffolk County Neuroradiologist in the Supreme Court, Suffolk County. This was a continuation of a medical malpractice action in which the trial had started on February 11, 2020 and continued until March 16, 2020 when trial was suspended due to the pandemic. The trial resumed on July 27, 2020 and resulted in a unanimous verdict for the defendant on August 3rd. The action was brought on behalf of a then 2 month old male in which it was claimed that the defendant failed to diagnose the presence of a arachnoid cyst in the right middle cranial fossa, which was found on an MRI performed 18 months later and had grown to approximately 9 cm in its greatest dimension. Plaintiff’s counsel claimed there was a failure to timely diagnose and treat the arachnoid cyst causing compression of the brain and neurological injuries rendering the child cognitively impaired and in need of lifetime care.

The defense argued that the plaintiff was not injured by the cyst, the child’s brain had failed to develop normally and there was a complete absence of radiological evidence and/or neurological signs or symptoms related to the presence of the cyst. The defense also argued that the subsequent MRI failed to disclose evidence of compression or injury to the brain. The defense also argued that the child’s condition was caused by Autism, which is of genetic origin although a specific genetic defect had not been identified.

After a trial that spanned six weeks before the pandemic and an additional week starting July 27, 2020, the jury returned a unanimous defense verdict in favor of our client despite plaintiff’s request for $5,750,000 in past and future pain and suffering, approximately $3,000,000 in future lost wages and millions of dollars for therapies and lifetime custodial care.

November 2019 – Defense Verdict in Medical Malpractice Case

On November 21, 2019, Partner, James F. Farrell, Jr., assisted by Senior Counsel, Ann D. Schattner, secured a defense verdict on behalf of a Suffolk County hospital in the Supreme Court, Suffolk County. The action was brought on behalf of a then 69 year old married female, with four adult children, who presented to the hospital with complaints of nausea, vomiting, and dizziness. Plaintiff’s counsel claimed there was a failure to timely diagnose and properly treat an ischemic brain stem stroke, which resulted in the patient’s death approximately 10 days later and that the hospital was vicariously liable for acts or omissions of the Emergency Department Attending.

The defense argued that the plaintiff was not a candidate for thrombolytics since her symptoms were non-specific and she woke up with those symptoms. Defense also argued that timely imaging studies and a neurology consult were performed. The defense argued that neither thrombolytics nor aspirin would have been proper, and their usage would not have changed the patient’s outcome.

After a trial that spanned 3 weeks, the jury returned a unanimous defense verdict in favor of our client.

October 2019 – Defense Verdict in Medical Malpractice Case

On October 3, 2019, James J. Girvan, assisted by Senior Counsel, Ann D. Schattner, secured a defense verdict on behalf of a Nassau County cardiology group, and its electrophysiologist in the Supreme Court, Nassau County. The action was brought on behalf of a then 49 year old married male, father of three, with recalcitrant superventricular tachycardia for the alleged negligent care and treatment he received during the course of a coronary ablation performed at a local community hospital. The procedure was complicated by a puncture of the aorta with resultant repair and aortic valve replacement.

Plaintiff’s counsel argued that the EP had advanced the needle without confirming the location of the needle and dilator, and that it was a departure for a sheath to advance to plug a hole even in an emergency, rather than using a guidewire and discussing the case earlier with a cardiothoracic surgeon.

The defense argued the procedure was properly performed with the use of ICE and fluoroscopy, though he experienced a rare but known complication, timely and appropriately treated preventing the patient from exsanguination and death.

After a trial that spanned 3 weeks, the jury returned a unanimous defense verdict in favor of our clients.

JANUARY 2019 – DEFENDANT’S VERDICT IN ORAL SURGERY NERVE DAMAGE CASE

Alan J. Fumuso obtained a defendant’s verdict before Judge Terry Jane Ruderman in Westchester County after a one week trial. The Plaintiff claimed that the Defendant Oral Surgeon negligently placed an implant in the area of her first molar on the right side, injuring the inferior alveolar nerve, and resulting in documented and permanent numbness, tingling and altered sensation in her lip and chin. The jury deliberated less than two hours before returning a unanimous verdict on behalf of the Defendant.

May 2018 – DEFENDANT’S VERDICT IN ADULT BRAIN DAMAGE CASE.

Douglas J. Swart obtained a defense verdict after a three-week trial in Suffolk County before The Honorable Peter Mayer. It was claimed by the 56-year-old plaintiff that the defendant neurosurgeon negligently performed a left internal carotid endarterectomy resulting in a disabling stroke and significant brain damage. Plaintiff’s attorney, Edward Bithorn, Esq., of the firm of Duffy and Duffy, asked the jury in summation to award $4.4 million to his client. The jury deliberated two hours before returning a unanimous verdict for the defendant.

March 2018 – DEFENDANT’S VERDICT IN LYME DISEASE CASE

James J. Girvan obtained a defendant’s verdict in a two-week re-trial of a case in Supreme Court, Nassau County before The Honorable Arthur Diamond. It was alleged that the defendant physician was negligent in failing to diagnose and treat Lyme disease in the then-50-year-old plaintiff, resulting in numerous alleged injuries. The jury deliberated for one hour before returning a unanimous defendant’s verdict.

June 2017 – DEFENSE VERDICT IN SHOULDER ARTHROSCOPY SURGERY ALLEGING THIRD DEGREE BURN

Jordan. B Karp obtained a defense verdict after a two week trial in Supreme Court, Suffolk County. The case involved allegations that the plaintiff suffered a third degree chemical burn to the upper arm during the course of a right shoulder arthroscopy resulting in a permanent keloid scar with sensory loss and nerve damage. Plaintiff set forth a theory of medical malpractice against the surgeon and also a claim of res ipsa. Plaintiffs’ counsel, during summation, asked the jury for $550,000 in money damages. A jury of 4 men and 2 woman, after deliberating for approximately an hour, returned a unanimous verdict on behalf of the Defendant.

June 2017 – Defendants Verdict In Emergency Department Case

Lorraine B. Polin obtained a unanimous defense verdict after an eight week trial in Supreme Court, Suffolk County before Judge Jos. Santorelli. The case involved allegations that our clients, two Emergency Department physicians and the defendant Hospital, were negligent in the alleged failure to properly treat an MRSA urine infection which plaintiff claimed was the cause of an undiagnosed infection of the hip presenting as leg/groin pain. The plaintiff was thereafter treated for continued complaints of pain by numerous other health care providers in the ensuing weeks, including numerous co-defendants, until he was ultimately admitted to another hospital with DIC and a septic hip eight weeks after the treatment at the defendant hospital. He underwent multiple surgical interventions and long term antibiotic treatment ultimately requiring hip fusion. Plaintiff died of unrelated causes just after the case went into suit and the case was continued by his wife as administrator. The jury verdict was unanimous on all counts of negligence against the defendants.

March 2017 – Defendants Verdict In Family Practice Ruptured Tympanic Membrane Case

Lorraine B. Polin obtained a unanimous defense verdict in a trial in Supreme Court, Suffolk County before Judge Jos. Santorelli. The case involved allegations that the Family Practice physician and her medical assistant were negligent in the treatment of impacted cerumen resulting in a ruptured tympanic membrane. The plaintiff claimed pain and suffering and permanent hearing loss and tinnitus in the affected ear. During summations, plaintiff’s counsel asked the jury for $750K in money damages. The jury found in favor of the defendants on all counts of negligence and returned a unanimous verdict on behalf of the defendants.

February 2017 – Defendants Verdict in Wrongful Death Case

Alan J. Fumuso obtained a Defendants Verdict for his client in a wrongful death case tried in Supreme Court Suffolk County before Judge Joseph Pastoressa. The Plaintiff/Decedent was 40 years old at the time of his demise, leaving a wife and four children. It was claimed that the defendant, a Family Practice Physician, did not properly evaluate the Plaintiff’s cardiac presentation, and did not timely refer the Plaintiff to a cardiologist, resulting in the Plaintiff dying from a cardiac arrest secondary to a condition of Myocarditis. The defense argued that proper care was rendered to the Plaintiff, and moreover that the Myocarditis was an acute event which developed after the Plaintiff had last been evaluated by the Defendant. Plaintiff’s counsel during summation asked the jury for $2,500,000 in money damages. A jury of 4 women and 2 men, after deliberating for less than two hours, returned a unanimous verdict on behalf of the Defendant.

November 2016 – Defendant’s Verdict in Wrongful Death Case

James J. Girvan, assisted by Senior Counsel, Ann D. Schattner, obtained a defendant’s verdict in a wrongful death case in Supreme Court, Nassau County, before the Honorable Leonard D. Steinman. Plaintiff alleged that the Defendant Cardiologist failed to properly appreciate the Plaintiff’s underlying cardiac disease, causing the Plaintiff to expire three weeks after undergoing a nuclear stress test. The jury deliberated less than one hour before returning a unanimous verdict on behalf of the defendant.

October 2016 – Defense Verdict In Hospital Negligence Case

Lorraine B. Polin obtained a unanimous defense verdict in a trial in Supreme Court, Suffolk County before Judge Jerry Garguilo. The plaintiff alleged that negligence by the defendant Hospital personnel resulted in a fall. After deliberating for less than an hour, the jury found that the condition plaintiff claimed caused the fall was not present and returned a unanimous verdict on behalf of the defendant.

July 2016 – Defendants Verdict in Serious Orthopedic Injury Case

Douglas J. Swart obtained a unanimous Defense Verdict in a trial in Supreme Court Suffolk County before Judge William Rebolini. The case involved allegations that the defendant orthopedic surgeon negligently treated a serious fracture of the Plaintiff’s tibia, leaving the Plaintiff, a 52 year old man, with a significant disability and confined to a wheelchair. At the conclusion of almost a month long trial, Plaintiff’s counsel asked the jury for $3,000,000 in his summation. The jury deliberated for less than three hours in coming to a unanimous verdict on behalf of the defendant.

May 2016 – Defendants Verdict in Kidney Transplant Case

Alan J. Fumuso obtained a unanimous defendants verdict for his client, a transplant surgeon, in Supreme Court Suffolk County. The case arose out of circumstances that had garnered both local and national media attention. Specifically in 2007 a 15 year old boy died in Stony Brook Hospital. The cause of death as listed as presumed bacterial meningitis. His organs were donated for transplantation. It turned out that the cause of death was T-cell lymphoma, a deadly form of cancer. Two of the recipients died, and two had their cancerous kidneys removed and survived with chemotherapy, although they were disqualified for years to be further transplant recipients. Plaintiff’s attorney Edward Milstein brought four separate actions against four individual transplant surgeons, alleging negligence in accepting a listed cause of death of presumed bacterial meningitis that was never confirmed by positive culture. Over the course of ten years Mr. Milstein had obtained verdicts and settlements in three of the actions, totaling more than “$3,000,000. The decision was made to defend the case against the kidney transplant surgeon defended by Mr. Fumuso. A three week trial ensued, with both Plaintiff and Defendant calling nationally renowned transplant surgeons as experts. The defendant transplant surgeon was on the witness stand for nine hours over three days. During summations Plaintiff’s counsel requested that the jury return $2,000,000 in damages. The jury deliberated 75 minutes and returned a unanimous verdict on behalf of the defendant.

January 2016 – Directed Verdict on Wrongful Death Case

Alan J. Fumuso obtained a directed verdict for the Defendant on a Wrongful Death matter tried in Supreme Court Suffolk County. The case involved the death of a 79 year old woman who bled to death on the operating table as a result of a tearing of the right ventricle during a post-open heart surgery attempt to operatively address a sternal wound infection. Plaintiff called as an expert the Medical Examiner who concluded that the cause of death was “mechanical” tearing of the ventricle, secondary to operative “accident”. On cross examination Mr. Fumuso was able to undermine the basis of the opinion of the Medical Examiner. Plaintiff chose not to call an independent medical expert, and proceeded on the theory of Res Ipsa Loquitur. Mr. Fumuso made a motion to dismiss at the conclusion of Plaintiff’s case for failure to establish a prima facie case. This motion, over strenuous Plaintiff’s objection, was granted by the Court, and a directed verdict issued to the Defendant.

March 2016 – Defense Verdict in Negligent Periodontal Care Case

Jordan Karp obtained a defense verdict in a dental malpractice case in Supreme Court, Nassau County in March, 2016. The sixty-three year old plaintiff accused the defendant general dentist of negligent periodontal care and failure to timely refer to a specialist. The plaintiff attorney asked the jury to award $350,000.00. After an eight day trial, the jury deliberated for 40 minutes and returned an unanimous defense verdict.

October 2015 – Court Granting Post Trial Motion and directing Verdict for the Defense on Brain Damaged Infant case in Queens

Alan J. Fumuso and Scott G. Christesen collaborated on a post trial motion that resulted in the Trial Court setting aside a verdict for the Plaintiff and directing a Verdict for the Defendant on a brain damaged infant case in Queens. The trial lasted almost two months in Queens County, with the Plaintiff being represented by James R. Duffy. The jury returned a verdict for the Plaintiff against the Defendant Obstetrician on one departure question, coupled with a proximate cause question. Extensive post trial motions were made by both parties on a number of complicated legal issues. A main point raised by the defense was that the plaintiff had failed to establish a prima facie case at trial on the issue of proximate causation. The trial court, in an eleven page decision extensively citing the cross examination by Fumuso of Plaintiff’s Obstetrical Expert, agreed with the defense that a prima facie case had not been established on the issue of proximate causation. As such, the Court ordered that the Verdict for the Plaintiff be set aside, and directed that Judgment be entered on behalf of the defendant Obstetrician.

Defense Verdict on Wrongful Death Case

Lorraine Berlund Polin obtained a defendant verdict after a two week trial in a wrongful death case in Suffolk County in June of 2015. The case involved the death of a 48 year old father of two children, the younger one having found his father on the couch, unresponsive. The autopsy report listed the cause of death as an accidental overuse of the medication Soma and alcohol. Plaintiff’s counsel, through his expert, argued that the muscle relaxant drug was “very dangerous” and should not have been prescribed since the patient was a known alcoholic. The defense experts testified that the prescription for Soma issued by the defendant P.A. and later approved by the co-defendant supervising physician was indicated for the patient’s continuing complaints of rib pain following an altercation at the school where decedent was a counselor. The defense experts also testified that if the drug had been taken as prescribed ( one pill 4 times a day as needed) it would have been safe, even with the level of alcohol found in the patient’s system on autopsy. A forensic toxicologist testified that the level of Soma detected on autopsy was the equivalent of 10 to 30 pills taken in a short period of time. The jury deliberated for approximately half an hour before returning a unanimous verdict on behalf of both defendants.

November 2014 – Defense Verdict on Negligent Security Case

Jordan Karp obtained a defense verdict after a three week trial in a negligent security case in Supreme Court, New York County in November, 2015. The case involved a resident of the defendant homeless shelter who was shot by another resident. Plaintiff alleged improper security, as well as improper supervision of the facility residents, creating a dangerous environment for the residents. At the end of a highly contested trial, the plaintiff asked the jury to award his client $5,000,000.00 in damages. The jury, after deliberating for 30 minutes, returned a unanimous verdict on behalf of the defendant.

Defense Verdict on Oral Surgery Case in Kings County

Alan J. Fumuso obtained a defendants verdict on an Oral Surgery case tried in Kings County in August of 2014. The case involved damage to the Plaintiff’s Lingual Nerve, and alleged lack of Informed Consent, during the removal of an impacted wisdom tooth. The damaged nerve required subsequent surgical anastomotic repair, and the 55 year old female plaintiff alleged continuing and permanent complaints of numbness, dysesthesia and loss of taste on the right side of her tongue. At the end of a highly contested trial, plaintiff’s counsel Albert Chianese asked the jury during summation to award his client $700,000 in damages. The jury of three men and three women deliberated one hour before returning a unanimous verdict on behalf of the defendant.

Defendants Verdict in Plastic Surgery Case

Alan J. Fumuso obtained a defendants verdict in a plastic surgery case in Nassau County in May of 2014. The case involved significant complications that occurred following a short-scar face lift, and chemical peel of the lower eyelids, leaving the plaintiff with facial and ear scarring, and other alleged injuries. It was also claimed that the defendant did not fully obtain the plaintiff’s informed consent for the procedures. The case was hotly contested in a trial lasting more than two weeks, with the jury receiving four departure questions in addition to the informed consent question. After deliberating slightly less than four hours over two days, the jury returned a unanimous verdict on behalf of the defendant on all five questions.

Defendants Verdict in Wrongful Death Case

Alan J. Fumuso obtained a defendants verdict in a wrongful death case in Queens County in December of 2013. The case involved the death of a 44 year old woman, mother of three children, who died of lung cancer. The plaintiff’s claimed that the various defendants, including her family doctor represented by Mr. Fumuso, delayed for one year in making the diagnosis, allowing her to go from Stage 1 treatable cancer to Stage 4 terminal cancer. The case lasted 5 weeks, with 18 witnesses, including 15 medical witnesses, called to the stand and interrogated by Mr. Fumuso and other counsel. The jury deliberated for less than 3 hours before returning a verdict on behalf of all defendants.

Defendants’ Verdict in Delay in Diagnosing Melanoma Case

Douglas J. Swart obtained a defendant’s verdict in August 2013 on a case, venued in Suffolk County, of alleged delay in diagnosing malignant melanoma in a 21 year old man. Plaintiff’s attorney Stanley Landers alleged that the defendant pathologist mis-read the biopsy slides, resulting in a 20 month delay in diagnosis, and a worsening of the plaintiff’s prognosis. All parties agreed that the plaintiff, who testified at trial, is terminally ill. The case involved testimony from nationally recognized pathology experts on behalf of both the plaintiff and the defendant. The trial lasted more than two weeks, with the plaintiff asking the jury to return an award of 3 million dollars in damages. After deliberating 30 minutes, the jury returned a unanimous verdict on behalf of the defendant.

Defense Verdict in Oral Surgery Case

Alan J. Fumuso obtained a defendants verdict on behalf of an Oral Surgeon in Suffolk County in January 2012. The 64 year old plaintiff alleged that he sustained a fractured jaw following the removal of his lower right wisdom tooth, as well as osteomyelitis in his mandible secondary to a delay in diagnosis of this fracture. Plaintiff had his jaws wired closed for 14 weeks by a subsequent treating Oral Surgeon (not a defendant), and still complains of permanent numbness in the area. The defense countered that the plaintiff never had a fracture, did not require wiring, and that his osteomyelitis was secondary to an infection originating in the retained roots of the tooth. After a two week trial the jury returned a unanimous defendants verdict in 15 minutes.

Appellate Division Affirms Defendant’s Verdict In Brain Damaged Infant Case

March 2011 Scott Christesen received a decision from the Appellate Division Second Department which affirmed the June 2009 jury verdict obtained by Alan Fumuso, in an action involving claims of obstetrical malpractice against our client. It was asserted that the plaintiff sustained significant neurological injuries due to hypoxia experienced shortly before her birth. The appellate court determined that the favorable jury verdict was reached after a fair and reasonable view of the evidence and that the trial court had appropriately rendered evidentiary rulings during the course of the trial.

Appellate Victory on Procedural Dismissal Before Trial in Death Case

October 2010 Scott Christesen received a decision from the Appellate Division Second Department which affirmed the finding of the Supreme Court in favor of our clients on a motion seeking summary judgment and dismissal of plaintiff’s complaint. This was a claim that the defendant family practice and gastroenterologists failed to timely diagnose and treat the plaintiff for a rare uterine cancer. Importantly, plaintiff counsel opposed this motion with three separate expert affidavits, totaling over 50 pages of text. Plaintiff subsequently moved for leave to the Court of Appeals and that application was denied.

Defendants Verdict in Stage IV Decubitus Ulcer Case

Alan J. Fumuso obtained a defendant’s verdict in May of 2010 in a case brought against North Shore University Hospital. It was alleged that the physicians and nursing staff were negligent in allowing a stage four sacral decubitus ulcer to develop following open heart surgery, and that this ulcer remained open and draining for a period of two years. It was the position of the defense that because of the patients debilitated condition and multiple co-morbidities, the development, extent, and duration of the sacral ulcer was unavoidable, and occurred in spite of appropriate care. The jury returned a unanimous verdict on behalf of North Shore Hospital in less than one hour.

Procedural Dismissal During Trial

Alan J. Fumuso obtained a procedural dismissal on April 26th 2010 of a medical malpractice action brought in Supreme Court Nassau County against the Chief of Cardiology at North Shore University Hospital, Manhasset. The action alleged negligence and lack of informed consent regarding the performance of a cardiac catheterization and stenting procedure, and the medications used during the procedure. On cross-examination, the plaintiff’s medical expert withdrew his testimony given on direct exam regarding medical departure, and gave equivocal testimony on the issue of proximate causation. A motion was made at the conclusion of the plaintiff’s case to dismiss for failure to establish a prima facie case, and this motion was granted by Judge Antonio Brandveen.

Defendants Verdict in Death Case

Douglas J. Swart obtained a defendants verdict in January 2010 after 6 weeks of trial in an alleged wrongful death case of a full Professor at Hosftra University. It was alleged that the defendants negligently prescribed and monitored the drug Amiodarone, which was given for the patient’s atrial fibrillation and cardiac arrhythmia. It was alleged that this led to the patients hepatic failure and death. The defense maintained that the drug was properly prescribed and monitored, and was not proximately related to the patient’s demise. The jury unanimously found for the defense after four hours of deliberation.

Defendant’s Verdict in Obstetrical Brain Damaged Infant Case against Tom Moore after 8 Million Dollar Offer Rejected

Alan J. Fumuso in June 2009 obtained a defendant’s verdict in a case tried for 4 weeks in Supreme Court Suffolk County. The plaintiff was a now 6 year old girl who suffers from cerebral palsy, and is significantly and permanently handicapped. She was represented by Thomas Moore, a nationally known plaintiff’s malpractice attorney. It was alleged that Mr. Fumuso’s client – her delivering obstetrician – and the co-defendant St. Charles Hospital, were negligent in failing to recognize the obstetrical emergency of a ruptured uterus during labor and negligently delayed her delivery, resulting in hypoxic brain damage. The delivery was an attempted VBAC (vaginal birth after cesarian section), and carried an increased risk of uterine rupture. Plaintiff’s offered proof of 93 million dollars in economic damages. An 8 million dollar settlement offer on behalf of both defendants was rejected prior to the summations. The jury in their second day of deliberation returned a unanimous verdict on behalf of the defendant obstetrician and St. Charles Hospital.

Defense Verdict in RSD Nerve Injury Case

June 2009 Lorraine Berlund Polin obtained a defendant’s verdict in a trial in Supreme Court, Nassau County, before Justice Daniel Palmieri. The matter involved a claim by the plaintiff, a former JFK baggage handler, that the defendant failed to timely diagnose nerve damage from a work related injury to his foot and failed to refer the patient to a neurologist for treatment of Reflex Sympathetic Dystrophy. The plaintiff eventually underwent four sympathectomy procedures and finally insertion of a Spinal Cord Stimulator for pain control. Nicholas Timko, trial counsel for the plaintiff, asked for 1.1 million dollars in damages, but the jury returned a unanimous verdict on behalf of the defendant on all four alleged departures after approximately three hours of deliberation.

Defendant’s Verdict in Wrongful Death Case after Four Month Trial

June 2009 – Douglas J. Swart successfully represented North Shore University Hospital and multiple defendant physicians in a four month long trial which was tried in Supreme Court, Queens County. The case alleged wrongful death and fraud, and was brought on behalf of the family of the decedent – a 45 year old retired police detective. The case involved a laparoscopic cholecystectomy, with the plaintiff asserting negligence both pre-operatively and intra-operatively – resulting in the plaintiff’s death one year later. Plaintiff’s counsel asked the jury for 3 million dollars in damages for pain and suffering, and also for unspecified amounts in compensatory and punitive damages. The jury returned a unanimous verdict for the defendants during their second day of deliberation.

February 2009 Scott Christesen obtained a decision from the Appellate Division 2nd Department which reversed the Supreme Court denial of our client’s motion for summary judgment in a case involving claims of birth related injuries due to alleged negligence of the defendant OB/Gyn. The Court dismissed all claims against our client.

February 2009 Scott Christesen obtained a decision from the Appellate Division 2nd Department, which reversed the Supreme Court denial of our client’s motion for summary judgment in a case claiming that acupuncture treatments lead to the plaintiff having a needle fragment lodged in her heart. The Court dismissed all claims against our clients.

October 2008 – Douglas Swart obtained a defense verdict on behalf of his client in a trial before Judge Roy Mahon in Supreme Court, Suffolk County. The action was brought by a then thirty-two year old married mother of three, who was employed as an occupational therapist, alleging that the defendant internist was negligent in failing to timely refer the patient to a rheumatologist resulting in a worsening of the patient’s psoriatic arthritis. After approximately three hours of deliberation, the jury returned a verdict in favor of the defendant physician.

Favorable Verdict in Damages Only Trial

Alan J. Fumuso in July 2008 obtained a favorable verdict on behalf of the New York City Board of Education on a damages only trial in New York County. The plaintiff was a developmentally delayed 3 year old male infant who sustained a spiral/oblique fracture of his left femur during gym class at the Birch School in Manhattan. Liability was conceded, and the case proceeded to trial solely on the issue of damages. Plaintiff established the severity of the fracture, the time spent on rehabilitation and recovery, and the emotional and developmental setbacks sustained by the infant. The plaintiff rejected a $200,000 settlement offer and asked the jury for $750,000. The jury returned a verdict in the amount of $125,000.

Dismissal for Defendant Hospital

December 2007. Lori Polin successfully argued for dismissal of the defendant hospital after 18 days of testimony in a medical malpractice trial before Justice Arthur Pitts in Supreme Court, Suffolk County. The plaintiff’s case alleged negligence by the nurses in the post-operative care after ORIF hip surgery performed by the co-defendant orthopedic surgeon. The physician’s case went to the jury and resulted in a defense verdict.

Defense Verdict in Neurological Injury Case

May 2007. Alan J. Fumuso obtained a defendant’s verdict on behalf of his anesthesiologist/pain management specialist after a four week trial in Supreme Court, Kings County, before Judge Marsha Steinhardt. The matter involved a claim by the plaintiff businesswoman, 48, that the defendant improperly performed an epidural spinal injection in the plaintiff’s lumbar spine, resulting in a complete and permanent foot drop. The plaintiff’s attorney asked for 5.4 million dollars in damages, but the jury returned a unanimous verdict on behalf of the defendant after three hours of deliberation. Defense Verdict in Oral Surgery Wrongful Death Case

March 2007. Alan J. Fumuso obtained a defendant’s verdict on behalf of his Oral Surgeon client after a one week trial in Supreme Court Queens County before Judge Allan Weiss. The matter involved a claim that the plaintiff/decedent, a 41 year old woman, bled to death following multiple tooth extractions. The jury found that the defendant conformed to accepted practice, and further found that the cause of death listed in the autopsy report of hemorrhagic complications following multiple tooth extractions did not accurately describe the cause or manner of death.

Defense Verdict in Oral Surgery Nerve Injury Case

January 2007. Alan J. Fumuso obtained a defendant’s verdict on behalf of his Oral Surgery client after a two week trial in Supreme Court Bronx County before Judge Dianne Renwick. The matter involved a claim by the 33 year old male plaintiff that the defendant severed his mental nerve during the course of an apicoectomy, resulting in permanent numbness to his
lip, chin and gum. The jury found that the defendant conformed to accepted practices, that the nerve was only partially injured, and that the injury was a complication of the procedure.

Defendants Verdict in Neurological Injury Case

January 2007. Douglas J. Swart obtained a defense verdict for his client, a specialist in Internal Medicine, in a case brought by a 66 year old female alleging mismanagement of the patient’s atrial fibrillation on anticoagulant therapy resulting in a CVA and severe neurological deficits. The case was tried in Supreme Court Queens County before Judge Patricia Satterfield. The plaintiff asked the jury for 3 million dollars in damages following a three week trial, but the jury found that the defendant gave appropriate treatment, and that the plaintiff also failed to follow medical advice.

Defense Verdict in Prostate Cancer Case Brought by Bruce Clark

October 2006. Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, a specialist in Internal Medicine, following a two week trial in Supreme Court Nassau County before Judge Daniel Palmieri. The matter involved a claim by Bruce Clark, a successful plaintiff’s malpractice attorney, that the defendant was negligent in failing to timely diagnose prostate cancer resulting in metastasis of the cancer and reduced life expectancy. Clark, 61, was represented by the law firm of Duffy, Duffy and Burdo, and asked the jury for a total of 3.8 million dollars in damages. The jury returned a unanimous verdict in one hour finding that the defendant did not depart from accepted practices in his case and treatment
of the plaintiff.

Defendants Verdict in Gynecological Case

October 2006. Douglas J. Swart obtained a defense verdict for his client, a specialist in Gynecology, in a case brought by a 44 year old female claiming that defendant negligently performed a hysterectomy resulting in the development of a vesico-vaginal fistula. The case was tried in Supreme Court Suffolk County before Judge Jeffrey Spinner. After a two week trial, and with the plaintiff seeking 1.5 million in damages, the jury returned a finding that the defendant was not negligent and that the injury was a risk of the procedure.

Dismissal of Defendant in Medullary Stroke Case

October 2006. Lori Polin obtained a dismissal of the case against her client, a family practice physician, after 17 days of testimony in a trial before the Honorable Justice Ute Lally in Supreme Court, Nassau County. The plaintiff, a 44 year old mother of two teenagers, alleged a failure to diagnose a vertebral artery dissection that resulted in a medullary stroke.

Defense Verdict in Prostate Cancer Case

September 2006. Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, a specialist in Family Practice, following a two week trial in Supreme Court Suffolk County before Judge Peter Mayer. The plaintiff, a 49 year old Fulbright Scholar, alleged that the defendant failed to timely diagnose prostate cancer, and delayed in sending him to a specialist. The jury found unanimously that the defendant conformed to accepted practices.

Defense Verdict in Tongue Cancer Case

May 2006. Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, a dentist, following a three week trial before Judge Ute Lally in Supreme Court Nassau County. The plaintiff, a 42 year old housewife, alleged that the defendant failed to timely diagnose a cancerous lesion in her tongue, resulting in metastasis and reduced life expectancy. The jury found that the defendant acted appropriately, and that the plaintiff contributed to the delay by failing to follow medical advice.

Defense Verdict in Colon Cancer Case

March 2006. Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, a specialist in Internal Medicine, following a four week trial in Supreme Court Suffolk County before Judge Melvyn Tanenbaum. The plaintiff, a 37 year old housewife, alleged that the defendant failed to timely diagnose colon cancer, resulting in metastasis and reduced life expectancy. The plaintiff’s attorney asked the jury for 4 million dollars in damages, but the jury returned a unanimous defendant’s verdict in one hour, finding that the defendant conformed to accepted practices in her care and treatment of the plaintiff.

Defendants Verdict in Pituitary Tumor Case

February 2006. Douglas J. Swart obtained a defense verdict for his client, a specialist in Internal Medicine, in a case brought by a 60 year old man alleging that the defendants failed to timely diagnose a pituitary tumor, resulting in bilateral blindness. The case was tried in Supreme Court Nassau County before Judge Thomas Phelan. After a three week trial, and with the plaintiff seeking 5 million dollars in damages, the jury found that the defendant was not negligent in her care and treatment of the plaintiff.

Defense Verdict in Perforated Colon Case

February 2006. Seth Kirschbaum obtained a favorable verdict on behalf of his defendant gastroenterologist after a two week trial in Supreme Court Suffolk County before Judge Thomas Whelan. The plaintiff, a woman in her early 70ies, alleged that the defendant negligently performed a colonoscopy resulting in a perforation of her colon, a laparotomy to repair the damage, and the requirement of wearing a colostomy bag for the rest of her life. The jury returned a verdict on behalf of the defendant, finding that the procedure was performed correctly and that the perforation occurred as a known complication of the procedure.

Defense Verdict in Injury to Vocal Cords Case

January 2006. Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, an anesthesiologist, following a two week trial in Supreme Court Nassau County before Judge Geoffrey O’Connell. The plaintiff, a 70 year old woman, alleged that the defendant permanently damaged her vocal cords during 5 unsuccessful attempts at intubation for a surgical procedure. The jury found unanimously for the defendant, finding that he conformed to accepted practices and also that the plaintiff’s vocal cords were probably damaged in a subsequent surgical procedure.

Defense Verdict in Federal Court Case

January 2006. Lori Polin represented the Town of East Hampton, in a case brought by 28-year-old Special Education teacher, who sustained a spiral fracture of the fibula (Weber C) of his right ankle as the result of an allegedly improperly fastened horizontal outfield post at the Terry King Park in Amagansett, New York. A pre-trial settlement offer of $25,000 was rejected by plaintiff’s counsel. Liability and damages were tried before the Honorable Justice Magistrate James Orenstein in the United States District Court, Eastern District of New York and resulted in a unanimous defendant’s verdict by a 10 member jury.