On June 12, 2025, Christian Fumuso received a unanimous defense verdict after a 2 week trial in Queens County before Judge Catapano-Fox. It was alleged that the defendant oral surgeon negligently extracted the lower 2nd molars of a then 14-year-old infant plaintiff after she presented on an emergent basis with evidence of pain and bilateral pericorinitis. Plaintiff claimed the extractions were not indicated and resulted in the need for additional extractions to make room for lower implants and supporting crowns. Throughout the trial plaintiff called experts in the fields of oral surgery and orthodontics – both of whom testified that the infant-plaintiff was indicated for less invasive measures of her symptomatic teeth, including exposure and/or up-righting. The defense called an expert in oral surgery who opined that extraction of infected symptomatic teeth was consistent with accepted practice and the patient was not a candidate for exposure and/or up-righting due to the anatomical shape and size of her jaw. Defendant’s expert also opined that the subsequent dental implants were contraindicated and unnecessary due to the patients functioning 1st molar occlusion.
Plaintiff’s attorney asked the jury to return a global award of $650,000 for past and future pain and suffering along with associated costs for implant management and replacement. The jury deliberated for 1 hour and returned a unanimous defense verdict for the oral surgeon.
