Accomplishments

Alan J. Fumuso obtained a defense verdict on an Oral Surgery case tried in Kings County in August of 2014. The case involved damage to the Plaintiff’s Lingual Nerve, and alleged lack of Informed Consent, during the removal of an impacted wisdom tooth. The damaged nerve required subsequent surgical anastomotic repair, and the 55 year old female plaintiff alleged continuing and permanent complaints of numbness, dysesthesia and loss of taste on the right side of her tongue. At the end of a highly contested trial, plaintiff’s counsel asked the jury during summation to award his client $700,000 in damages. The jury of three men and three women deliberated one hour before returning a unanimous verdict on behalf of the defendant.

In May 2014, Alan J. Fumuso obtained a defense verdict in a plastic surgery case in Nassau County. The case involved significant complications that occurred following a short-scar face lift, and chemical peel of the lower eyelids, leaving the plaintiff with facial and ear scarring, and other alleged injuries. It was also claimed that the defendant did not fully obtain the plaintiff’s informed consent for the procedures. The case was hotly contested in a trial lasting more than two weeks, with the jury receiving four departure questions in addition to the informed consent question. After deliberating slightly less than four hours over two days, the jury returned a unanimous verdict on behalf of the defendant on all five questions.

On December 12, 2013, Alan J. Fumuso obtained a defense verdict in a wrongful death case in Queens County. The case involved the death of a 44 year old woman, mother of three children, who died of lung cancer. The plaintiff’s claimed that the various defendants, including her family doctor represented by Mr. Fumuso, delayed for one year in making the diagnosis, allowing her to go from Stage 1 treatable cancer to Stage 4 terminal cancer. The case lasted 5 weeks, with 18 witnesses, including 15 medical witnesses, called to the stand and interrogated by Mr. Fumuso and other counsel. The jury deliberated for less than 3 hours before returning a verdict on behalf of all defendants.

In August 2013, Douglas J. Swart obtained a defense verdict on a case, venued in Suffolk County, of alleged delay in diagnosing malignant melanoma in a 21 year old man. Plaintiff’s attorney alleged that the defendant pathologist mis-read the biopsy slides, resulting in a 20 month delay in diagnosis, and a worsening of the plaintiff’s prognosis. All parties agreed that the plaintiff, who testified at trial, is terminally ill. The case involved testimony from nationally recognized pathology experts on behalf of both the plaintiff and the defendant. The trial lasted more than two weeks, with the plaintiff asking the jury to return an award of 3 million dollars in damages. After deliberating 30 minutes, the jury returned a unanimous verdict on behalf of the defendant.