Accomplishments

On December 11, 2023, Alan J. Fumuso obtained a unanimous Defendant’s Verdict after a two week trial in Supreme Court Suffolk County before Judge James Hudson.  It was alleged that the defendant surgeon was negligent in placing surgical mesh in this then 39 year old plaintiff, resulting in the mesh never integrating and requiring 6 additional abdominal surgeries with resultant  chronic, lifetime pain.    Plaintiff’s expert testified to multiple departures in the placement of the mesh, as well as the failure to perform a post-operative diagnostic laparotomy.   The defense of the case was complicated by the testimony of a subsequent treating surgeon who was very critical of the care given to the plaintiff by the defendant.   It was the contention of the Defendant and Defendant’s expert that the mesh was applied properly, that it failed to properly integrate in spite of proper application, and that the plaintiff’s issues could be traced to mesh failure.    The defense also asserted that a post-operative diagnostic laparotomy was not indicated. 

Plaintiff’s attorney asked the jury for 3 million dollars in past pain and suffering, and a similar amount for future pain and suffering.   The jury deliberated for less than 3 hours and returned a unanimous verdict on behalf of the Defendant. 

On June 6, 2023, in an important victory for First Responders, Christian A. Fumuso obtained a defendants verdict after a three week trial in Suffolk County before Judge Joseph 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.

On October 31, 2022, 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.

On September 7, 2022, 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.