Accomplishments

On December 19, 2024, Christian Fumuso obtained a unanimous defense verdict after a three week trial in Supreme Court, Suffolk County before the Honorable Alison Napolitano.  It was alleged by the Estate of the plaintiff’s decedent that the defendant Interventional Radiologist perforated the patients large bowel during the placement of a drainage catheter to relieve the contents of an abscess attached to the patients colon.  As a result of the alleged perforation, plaintiff’s Estate claimed that the decedent required an emergent colectomy after she developed peritonitis and sustained 5 years of pain and suffering related to chronic post-surgical fistula’s, infection, malnourishment and death.  Defendant’s argued that the bowel perforation was pre-existing and the result of complications from a prior surgical procedure which led to anastomotic breakdown causing the abscess development which had to be drained by the defendant.  In support of defendant’s theory, radiographic evidence was introduced showing the existence of a pre-existing communication between the large bowel and abscess cavity via fistulous tract near the anastomotic segment while the catheter remained away from the bowel lumen.       

Both plaintiff and defendant called Board Certified expert witnesses in Interventional Radiology and General Surgery.

In summation, plaintiff asked for $2.7 million dollars in damages related to 5 years of alleged pain and suffering up to the time of death.

The jury deliberated for a little over 1 hour and returned a unanimous defense verdict.        

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.