Accomplishments

On February 9, 2017, Alan J. Fumuso obtained a Defendants Verdict for his client in a wrongful death case tried in Supreme Court Suffolk County before Judge Joseph Pastoressa. The Plaintiff/Decedent was 40 years old at the time of his demise, leaving a wife and four children. It was claimed that the defendant, a Family Practice Physician, did not properly evaluate the Plaintiff’s cardiac presentation, and did not timely refer the Plaintiff to a cardiologist, resulting in the Plaintiff dying from a cardiac arrest secondary to a condition of Myocarditis. The defense argued that proper care was rendered to the Plaintiff, and moreover that the Myocarditis was an acute event which developed after the Plaintiff had last been evaluated by the Defendant. Plaintiff’s counsel during summation asked the jury for $2,500,000 in money damages. A jury of 4 women and 2 men, after deliberating for less than two hours, returned a unanimous verdict on behalf of the Defendant.

On October 16, 2016, James J. Girvan, assisted by Senior Counsel, Ann D. Schattner, obtained a defendant’s verdict in a wrongful death case in Supreme Court, Nassau County, before the Honorable Leonard D. Steinman. Plaintiff alleged that the Defendant Cardiologist failed to properly appreciate the Plaintiff’s underlying cardiac disease, causing the Plaintiff to expire three weeks after undergoing a nuclear stress test. The jury deliberated less than one hour before returning a unanimous verdict on behalf of the defendant.

On October 11, 2016, Lorraine B. Polin obtained a unanimous defense verdict in a trial in Supreme Court, Suffolk County before Judge Jerry Garguilo. The plaintiff alleged that negligence by the defendant Hospital personnel resulted in a fall. After deliberating for less than an hour, the jury found that the condition plaintiff claimed caused the fall was not present and returned a unanimous verdict on behalf of the defendant.

On June 30, 2016, Douglas J. Swart obtained a unanimous Defense Verdict in a trial in Supreme Court Suffolk County before Judge William Rebolini. The case involved allegations that the defendant orthopedic surgeon negligently treated a serious fracture of the Plaintiff’s tibia, leaving the Plaintiff, a 52 year old man, with a significant disability and confined to a wheelchair. At the conclusion of almost a month long trial, Plaintiff’s counsel asked the jury for $3,000,000 in his summation. The jury deliberated for less than three hours in coming to a unanimous verdict on behalf of the defendant.