On January 29, 2019, Alan J. Fumuso obtained a defendant’s verdict before Judge Terry Jane Ruderman in Westchester County after a one week trial….
Accomplishments
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On January 29, 2019, Alan J. Fumuso obtained a defendant’s verdict before Judge Terry Jane Ruderman in Westchester County after a one week trial. The Plaintiff claimed that the Defendant Oral Surgeon negligently placed an implant in the area of her first molar on the right side, injuring the inferior alveolar nerve, and resulting in documented and permanent numbness, tingling and altered sensation in her lip and chin. The jury deliberated less than two hours before returning a unanimous verdict on behalf of the Defendant.
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On May 30, 2018, Douglas J. Swart obtained a defense verdict after a three-week trial in Suffolk County before The Honorable Peter Mayer. It was claimed by the 56-year-old plaintiff that the defendant neurosurgeon negligently performed a left internal carotid endarterectomy resulting in a disabling stroke and significant brain damage. Plaintiff’s counsel asked the jury in summation to award $4.4 million to his client. The jury deliberated two hours before returning a unanimous verdict for the defendant.
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On April 6, 2018, James J. Girvan obtained a defendant’s verdict in a two-week re-trial of a case in Supreme Court, Nassau County before The Honorable Arthur Diamond. It was alleged that the defendant physician was negligent in failing to diagnose and treat Lyme disease in the then-50-year-old plaintiff, resulting in numerous alleged injuries. The jury deliberated for one hour before returning a unanimous defendant’s verdict.
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On June 20, 2017, Lorraine B. Polin obtained a unanimous defense verdict after an eight week trial in Supreme Court, Suffolk County before Judge Joseph Santorelli. The case involved allegations that our clients, two Emergency Department physicians and the defendant Hospital, were negligent in the alleged failure to properly treat an MRSA urine infection which plaintiff claimed was the cause of an undiagnosed infection of the hip presenting as leg/groin pain. The plaintiff was thereafter treated for continued complaints of pain by numerous other health care providers in the ensuing weeks, including numerous co-defendants, until he was ultimately admitted to another hospital with DIC and a septic hip eight weeks after the treatment at the defendant hospital. He underwent multiple surgical interventions and long term antibiotic treatment ultimately requiring hip fusion. Plaintiff died of unrelated causes just after the case went into suit and the case was continued by his wife as administrator. The jury verdict was unanimous on all counts of negligence against the defendants.