Accomplishments

In January 2007, Alan J. Fumuso obtained a defense verdict on behalf of his Oral Surgery client after a two week trial in Supreme Court Bronx County before Judge Dianne Renwick. The matter involved a claim by the 33 year old male plaintiff that the defendant severed his mental nerve during the course of an apicoectomy, resulting in permanent numbness to his lip, chin and gum. The jury found that the defendant conformed to accepted practices, that the nerve was only partially injured, and that the injury was a complication of the procedure.

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.