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.
