Accomplishments

On February 9, 2024, Christian Fumuso received a Defense Verdict after a three week trial in Nassau County Supreme Court before Judge Lisa Cairo. It was alleged that the defendant OB/GYN was negligent in her performance of a D&C procedure on a 54 year old patient with a history of abnormal uterine bleeding that allegedly resulted in the perforation of the patients uterus and large bowel. As a result of the alleged dual organ perforation, it was claimed that the patient was required to undergo an exploratory laparotomy after the presence of free air was identified via abdominal CT and the patient sustained multiple post-op complications that required her to be hospitalized for months. The defense maintained that the D&C was both indicated and performed appropriately as there was no clinical, radiological or surgical evidence of a perforated uterus and/or bowel caused by a medical instrument. Instead, the defense argued that the free air shown on the abdominal CT was the result of a ruptured diverticulum that was unrelated to the defendant’s care. The trial consisted of 9 total witnesses with 5 experts from the fields of Gynecology, Radiology and Surgery.

Plaintiff’s attorney asked the jury for 3 million dollars in past pain and suffering at the time of summation along with an additional $500,000 for expected future medical costs. The jury deliberated for three and a half hours and returned a verdict on behalf of the defendant OB/GYN.

On December 11, 2023, Alan J. Fumuso obtained a unanimous Defendant’s Verdict after a two week trial in Supreme Court Suffolk County before Judge James Hudson.  It was alleged that the defendant surgeon was negligent in placing surgical mesh in this then 39 year old plaintiff, resulting in the mesh never integrating and requiring 6 additional abdominal surgeries with resultant  chronic, lifetime pain.    Plaintiff’s expert testified to multiple departures in the placement of the mesh, as well as the failure to perform a post-operative diagnostic laparotomy.   The defense of the case was complicated by the testimony of a subsequent treating surgeon who was very critical of the care given to the plaintiff by the defendant.   It was the contention of the Defendant and Defendant’s expert that the mesh was applied properly, that it failed to properly integrate in spite of proper application, and that the plaintiff’s issues could be traced to mesh failure.    The defense also asserted that a post-operative diagnostic laparotomy was not indicated. 

Plaintiff’s attorney asked the jury for 3 million dollars in past pain and suffering, and a similar amount for future pain and suffering.   The jury deliberated for less than 3 hours and returned a unanimous verdict on behalf of the Defendant. 

On June 6, 2023, in an important victory for First Responders, Christian A. Fumuso obtained a defendants verdict after a three week trial in Suffolk County before Judge Joseph Santorelli.  The case involved an incident wherein the defendant Paramedic and the defendant Suffolk County EMS crew were called to a home to assist a mother who was in the process of delivering a child.   An obstetrical complication in the form of  shoulder dystocia was observed by the Paramedic, an unsuccessful attempt was made at delivery in the home of the parents, and the child thereafter delivered spontaneously in the ambulance as a stillborn.   Plaintiff claimed that the Paramedic and other First Responders were negligent in failing to follow ALS and First Responder Protocols to utilize certain obstetrical maneuvers to safely deliver the infant, and to perform proper supportive measures while the baby’s head was out of the mother’s uterus.   Defendants responded that proper protocols were followed, and that a Paramedic in the field cannot be held to the standard of an Obstetrician.    Eleven witnesses were called during the trial, including 6 expert witnesses in the fields of Obstetrics, Neonatology, Psychology, and Paramedic/EMT practice.  The plaintiff alleged damages to the mother due to the death of her baby in the form of significant and permanent psychological injuries, grief, loss of enjoyment of life, and mental pain and suffering.   Plaintiff’s attorney in his summation asked the jury for $2,450,000 in damages.    The jury deliberated for one hour, and returned a unanimous defense verdict on behalf of the Paramedic and  First Responder Team.

On October 31, 2022, Alan J. Fumuso obtained a Defendant’s Verdict after a two week trial in Supreme Court Nassau County before Judge David Sullivan.   The defendant surgeon did a complete surgical removal of a large, circular, 9 X 9 cm. epidermal inclusion cyst on the 51 year old male  plaintiff’s back.    Post operatively the plaintiff sustained numerous complications including bleeding from the wound which required a further hospitalization, and two additional major reparative operations by a plastic surgeon which left the plaintiff with a restrictive, unsightly, large zig-zag scar on his back.  Plaintiff’s expert alleged that the defendant was negligent in not doing a less invasive incision and drainage, and not giving the plaintiff that treatment alternative.   Defendant contended that an incision and drainage would not have completely eradicated the infected cyst, and that the extent of plaintiff’s disease warranted a complete surgical removal as the only treatment alternative.   Defendant also contended that the plaintiff sustained recognized post operative complications,  and that the plaintiff voluntarily left his care shortly after the procedure, thereby denying the defendant the opportunity to treat the plaintiff’s wound non-surgically.    Plaintiff in his summation asked the jury for $1,750,000 in damages.   The jury deliberated parts of two days, and returned a unanimous verdict on behalf of the defendant surgeon.