Accomplishments

On August 29th, 2024, Alan J. Fumuso obtained a defense verdict in Supreme Court Suffolk County after a two week trial before Judge George Nolan. This was an action brought on behalf of a then 53 year old school teacher who alleged that the defendant Orthopedist/Hand Surgeon negligently treated a fractured finger, failed to diagnose Complex Regional Pain Syndrome (CRPS) in its early stages, and ordered contra-indicated therapy. It was alleged that as a result of that negligent treatment the plaintiff developed migratory CRPS, with the condition spreading from her right hand to her left hand, right leg and left leg. The defendant countered that the treatment of the fractured finger was at all times appropriate, and that the plaintiff never had CRPS while under his care. Defendant also questioned whether the subsequent treaters made the correct diagnosis of CRPS, and raised the possibility that the plaintiff never had that condition.

Plaintiff called two experts, in the fields of Plastic Surgery/Hand and Rehabilitation Medicine, who both asserted that the defendant departed from accepted practice and caused injury. Defendant called an Orthopedist, with a subspeciality in Hand, who testified that the defendant treated the plaintiff properly, and that the plaintiff never had CRPS while under his care.

Plaintiff’s attorney, in her summation, asked the jury to award her client $3,000,000 in damages. The jury deliberated 90 minutes before returning a verdict on behalf of the defendant.

On July 3, 2024, Alan J. Fumuso obtained a defense verdict after a two week trial in Supreme Court, Nassau County, before the Hon. Christopher J. McGrath. This was a case of alleged Wrongful Death and Conscious Pain and Suffering of a then 49 year old married man in which plaintiff’s counsel, the Chairwoman of the New York State Trial Lawyers Association, alleged that the defendant Family Practitioner was negligent in not diagnosing congestive heart failure, in failing to do certain cardiac testing, and in failing to send the plaintiff to a cardiologist for further evaluation. Plaintiff’s expert cardiologist testified that the defendant committed six separate departures from accepted practice, all contributing to the plaintiff’s death. Plaintiff’s attorney also called an economist who testified to economic loss to the Estate of approximately $1,000,000. The defense countered with an expert cardiologist, and asserted that the Plaintiff never had congestive heart failure. More specifically it was the position of the defense that his death was due to a sudden cardiac arrythmia secondary to a stenosis of the plaintiff’s right coronary artery, and was not foreseeable.

Plaintiff’s attorney asked the jury for a total of $4.5 million dollars in damages, including pain and suffering, economic loss to the Estate, and Loss of Guidance to the Plaintiff’s 17 year old daughter. The jury deliberated for 6 hours over two days, and ultimately returned a verdict on behalf of the defendant.

On May 28, 2024, Jordan Karp obtains a trial dismissal in Court of Claims. It was alleged that the defendants were negligent in the maintenance of their facility allowing for a dangerous condition to exist with that being a broken stairwell that created a dangerous work environment for their employees. The defense asserted that they appropriately maintained their facility, and they were not on notice of any alleged dangerous condition. The Court issued a decision on May 28, 2024 dismissing the case against the defendants.