Accomplishments

In 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.

In 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.

In 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.

In 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.