Accomplishments

On April 9, 2026, Christian Fumuso secured a unanimous defense verdict on behalf of Mather Memorial Hospital after a 2 week trial before Judge Alison Napolitano in Supreme Suffolk County Court.  The case involved a 53 year old married father of 3 who presented to Mather Hospital with significant arterial occlusion in his left lower extremity requiring emergent revascularization via angioplasty, thrombectomy and bilateral fasciotomies.  During the post-operative period, the plaintiff developed a significant hematoma which allegedly applied pressure on the peroneal nerve resulting in permanent foot drop and neurological pain.  The claims against Mather Hospital involved allegations of negligence against the ICU staff for failing to properly monitor plaintiff’s post-operative course which allegedly allowed the hematoma to develop and apply pressure within the popliteal space thereby causing permanent neurological injury.  Expert witnesses in vascular surgery were called by both sides and the defense was supported by additional testimony from 2 medical fact witnesses. 

During summation, plaintiff counsel asked the jury to award damages for his client in the amount of $950,000 for past and future pain and suffering related to permanent ambulatory deficits and nerve pain.  After deliberating for less than 1 hour, the jury returned a unanimous defense verdict in favor of Mather Hospital.

On March 27, 2026, Anthony Marino obtained a verdict after a one week trial in Supreme Court, New York County before Justice Lyle E. Frank on behalf of one of our educational institution clients.  Plaintiff, a then 14 year old student at a New York City Charter School, fractured her ankle and underwent open reduction and internal fixation after a fall during gym class. Suit was brought against the individual teacher and school for allegedly creating an unsafe environment in the class and for alleged lack of supervision. Plaintiff utilized experts for both liability and damages and asked the jury for $6,000,000.00. After deliberating for just 45 minutes, the jury returned a unanimous verdict in favor of the teacher and school finding the plaintiff assumed the risk of injury.

On March 13, 2026, Christian Fumuso secured a unanimous defense verdict on behalf of a board certified Oral Surgeon before Judge Dufficy in Supreme Queens Court after a 2 week trial involving allegations of negligent extraction.   The 52 year old plaintiff claimed that when he presented to the oral surgeon’s practice he did so due to concerns of symptomatic tooth #9 for potential removal, however, upon clinical and radiographic review, the defendant surgeon opined that the only tooth indicated for extraction was #12, not #9.  While the plaintiff ultimately consented for removal of tooth #12, a subsequent treating provider was highly critical of the defendant oral surgeon and advised that #12 was not indicated for extraction and the plaintiff therefore required a permanent implant.  Throughout the trial, both plaintiff and defendant produced expert witnesses in the field of restorative oral surgery.  While the plaintiff’s expert opined that #12 was not indicated for extraction based upon his review of the preoperative panoramic study and plaintiff’s alleged benign complaints, the defense expert (along with the defendant surgeon himself) both opined that indications existed for extraction via non-restorable carious presentation, including: infection, necrotic pulp, pain on palpation, and a broken crown without enough enamel for restoration.  After 2 weeks and 6 witnesses, the jury deliberated for less than 1 hour and delivered a defense verdict for the oral surgeon.

On December 18, 2025, Anthony Marino with a second seat assist from Nicholas Albanese obtained a defense verdict after a two week medical malpractice trial in Supreme Court, Nassau County before Justice Catherine Rizzo. The case was one for pain and suffering and wrongful death of a then 47-year-old widowed mother of two. It was alleged that the client orthopedic surgeon and physician’s assistant were negligent in prescribing and failing to monitor the decedent’s use of opioid medications as well as other psychiatric medications including benzodiazepines causing her to pass due to acute drug intoxication. After three hours of deliberation, the jury found in favor of the doctor and physicians assistant.