Accomplishments

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.

On September 7, 2022, after a two week trial in the Long Island City Courthouse of the Supreme Court, Queens County, Anthony Marino obtained a directed verdict from Justice Robert I. Caloras.  The case involved a then 16 year old plaintiff who went to see his pediatrician in August of 2015 with complaints of lower right quadrant pain.  The pediatrician advised that it was a muscle strain and advised to ice the area, rest and return if it worsened.  On September 13, 2015, he was seen in the emergency room of St. Joseph’s Hospital by the Defendant Surgeon who diagnosed severe appendicitis with possible phlegmon and proceeded to perform an open surgical appendectomy and also removed the cecum.  Post surgically, the plaintiff developed a leak at the cecum  suture site causing infections and sepsis requiring multiple antibiotic administrations through a PICC line, the insertion of drains, and surgical procedures.  The now 23 year old Plaintiff claimed that the Surgeon was negligent in performing the surgery rather than administering antibiotics first to reduce the swelling as to allow a safer procedure that would not require removal of the cecum.  Plaintiff also alleged malpractice in the management of the post-operative care and lack of informed consent.  Upon a motion for directed verdict at the end of Plaintiff’s case, the Court dismissed the case against the Surgeon.

On May 9, 2022, Anthony Marino obtained a defense verdict after a one week trial before Justice George Nolan in Supreme Court, Suffolk County. The 34 year old plaintiff alleged that the defendant doctor needlessly performed a surgical procedure to remove a bony prominence from her toe and that in doing so he removed healthy bone from her joint causing nerve and tendon damage. She also claimed that the doctor did not provide the proper information regarding the risks of the surgery so that she could give proper informed consent. As a result, the plaintiff claimed she could not walk properly, had issues with her gait, experienced persistent pain and that her left foot was “clawed” and deformed. She also claimed that the condition was permanent and suggested the jury award $460,000.00 in damages. After testimony from the parties, expert witnesses and the plaintiff’s mother, the jury returned a verdict in favor of the doctor on all claims in less than an hour.

On March 22, 2022, Alan J. Fumuso, in one of the first trials since the reopening of the Courts after the COVID pandemic, obtained a defendants verdict after a two week trial in Supreme Court Nassau County before Judge Leonard Steinman. The 28 year old male Plaintiff alleged that the defendant Oral Surgeon was negligent in the removal of  plaintiff’s 3rd molar teeth, and did so without obtaining an appropriate Informed Consent, resulting in damage to the plaintiff’s inferior alveolar nerve. The plaintiff during the trial established that he had permanent altered sensation to his lip and chin. Plaintiff’s allegations included alleged failure to perform a pre-extraction CBCT scan, failure to perform a coronectomy as an alternate procedure, improper post extraction treatment, and failure to make timely referral to a microsurgeon for reparative surgery. Expert witnesses were called on both sides, and all parties took the stand. After deliberating for 3 hours, the jury returned a unanimous verdict on behalf of the defendants.