Accomplishments

In February 2006, Seth Kirschbaum obtained a favorable verdict on behalf of his defendant gastroenterologist after a two week trial in Supreme Court Suffolk County before Judge Thomas Whelan. The plaintiff, a woman in her early 70ies, alleged that the defendant negligently performed a colonoscopy resulting in a perforation of her colon, a laparotomy to repair the damage, and the requirement of wearing a colostomy bag for the rest of her life. The jury returned a verdict on behalf of the defendant, finding that the procedure was performed correctly and that the perforation occurred as a known complication of the procedure.

In February 2006, Douglas J. Swart obtained a defense verdict for his client, a specialist in Internal Medicine, in a case brought by a 60 year old man alleging that the defendants failed to timely diagnose a pituitary tumor, resulting in bilateral blindness. The case was tried in Supreme Court Nassau County before Judge Thomas Phelan. After a three week trial, and with the plaintiff seeking 5 million dollars in damages, the jury found that the defendant was not negligent in her care and treatment of the plaintiff.

In January 2006, Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, an anesthesiologist, following a two week trial in Supreme Court Nassau County before Judge Geoffrey O’Connell. The plaintiff, a 70 year old woman, alleged that the defendant permanently damaged her vocal cords during 5 unsuccessful attempts at intubation for a surgical procedure. The jury found unanimously for the defendant, finding that he conformed to accepted practices and also that the plaintiff’s vocal cords were probably damaged in a subsequent surgical procedure.