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.
