On July 24th 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.
