Accomplishments

On January 21, 2016, Alan J. Fumuso obtained a directed verdict for the Defendant on a Wrongful Death matter tried in Supreme Court Suffolk County. The case involved the death of a 79 year old woman who bled to death on the operating table as a result of a tearing of the right ventricle during a post-open heart surgery attempt to operatively address a sternal wound infection. Plaintiff called as an expert the Medical Examiner who concluded that the cause of death was “mechanical” tearing of the ventricle, secondary to operative “accident”. On cross examination Mr. Fumuso was able to undermine the basis of the opinion of the Medical Examiner. Plaintiff chose not to call an independent medical expert, and proceeded on the theory of Res Ipsa Loquitur. Mr. Fumuso made a motion to dismiss at the conclusion of Plaintiff’s case for failure to establish a prima facie case. This motion, over strenuous Plaintiff’s objection, was granted by the Court, and a directed verdict issued to the Defendant.

In October 2015, Alan J. Fumuso and Scott G. Christesen collaborated on a post trial motion that resulted in the Trial Court setting aside a verdict for the Plaintiff and directing a Verdict for the Defendant on a brain damaged infant case in Queens. The trial lasted almost two months in Queens County. The jury returned a verdict for the Plaintiff against the Defendant Obstetrician on one departure question, coupled with a proximate cause question. Extensive post trial motions were made by both parties on a number of complicated legal issues. A main point raised by the defense was that the plaintiff had failed to establish a prima facie case at trial on the issue of proximate causation. The trial court, in an eleven page decision extensively citing the cross examination by Fumuso of Plaintiff’s Obstetrical Expert, agreed with the defense that a prima facie case had not been established on the issue of proximate causation. As such, the Court ordered that the Verdict for the Plaintiff be set aside, and directed that Judgment be entered on behalf of the defendant Obstetrician.

On June 8, 2015, Lorraine B. Polin obtained a defendant verdict after a two week trial in a wrongful death case in Suffolk County. The case involved the death of a 48 year old father of two children, the younger one having found his father on the couch, unresponsive. The autopsy report listed the cause of death as an accidental overuse of the medication Soma and alcohol. Plaintiff’s counsel, through his expert, argued that the muscle relaxant drug was “very dangerous” and should not have been prescribed since the patient was a known alcoholic. The defense experts testified that the prescription for Soma issued by the defendant P.A. and later approved by the co-defendant supervising physician was indicated for the patient’s continuing complaints of rib pain following an altercation at the school where decedent was a counselor. The defense experts also testified that if the drug had been taken as prescribed ( one pill 4 times a day as needed) it would have been safe, even with the level of alcohol found in the patient’s system on autopsy. A forensic toxicologist testified that the level of Soma detected on autopsy was the equivalent of 10 to 30 pills taken in a short period of time. The jury deliberated for approximately half an hour before returning a unanimous verdict on behalf of both defendants.

In October 2014, Jordan B. Karp obtained a defense verdict after a three week trial in a negligent security case in Supreme Court, New York County. The case involved a resident of the defendant homeless shelter who was shot by another resident. Plaintiff alleged improper security, as well as improper supervision of the facility residents, creating a dangerous environment for the residents. At the end of a highly contested trial, the plaintiff asked the jury to award his client $5,000,000.00 in damages. The jury, after deliberating for 30 minutes, returned a unanimous verdict on behalf of the defendant.