Accomplishments

In October 2006, Lorraine B. Polin obtained a dismissal of the case against her client, a family practice physician, after 17 days of testimony in a trial before the Honorable Justice Ute Lally in Supreme Court, Nassau County. The plaintiff, a 44 year old mother of two teenagers, alleged a failure to diagnose a vertebral artery dissection that resulted in a medullary stroke.

In October 2006, Douglas J. Swart obtained a defense verdict for his client, a specialist in Gynecology, in a case brought by a 44 year old female claiming that defendant negligently performed a hysterectomy resulting in the development of a vesico-vaginal fistula. The case was tried in Supreme Court, Suffolk County before Judge Jeffrey Spinner. After a two week trial, and with the plaintiff seeking 1.5 million in damages, the jury returned a finding that the defendant was not negligent and that the injury was a risk of the procedure.

In October 2006, Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, a specialist in Internal Medicine, following a two week trial in Supreme Court Nassau County before Judge Daniel Palmieri. The matter involved a claim by Bruce Clark, a successful plaintiff’s malpractice attorney, that the defendant was negligent in failing to timely diagnose prostate cancer resulting in metastasis of the cancer and reduced life expectancy. Clark, 61, was represented by the law firm of Duffy, Duffy and Burdo, and asked the jury for a total of 3.8 million dollars in damages. The jury returned a unanimous verdict in one hour finding that the defendant did not depart from accepted practices in his case and treatment of the plaintiff.

In September 2006, Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, a specialist in Family Practice, following a two week trial in Supreme Court Suffolk County before Judge Peter Mayer. The plaintiff, a 49 year old Fulbright Scholar, alleged that the defendant failed to timely diagnose prostate cancer, and delayed in sending him to a specialist. The jury found unanimously that the defendant conformed to accepted practices.