Accomplishments

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.

In January 2012, Alan J. Fumuso obtained a defense verdict on behalf of an Oral Surgeon in Suffolk County. The 64 year old plaintiff alleged that he sustained a fractured jaw following the removal of his lower right wisdom tooth, as well as osteomyelitis in his mandible secondary to a delay in diagnosis of this fracture. Plaintiff had his jaws wired closed for 14 weeks by a subsequent treating Oral Surgeon (not a defendant), and still complains of permanent numbness in the area. The defense countered that the plaintiff never had a fracture, did not require wiring, and that his osteomyelitis was secondary to an infection originating in the retained roots of the tooth. After a two week trial the jury returned a unanimous defendants verdict in 15 minutes.

In March 2011, Scott G. Christesen received a decision from the Appellate Division Second Department which affirmed the June 2009 jury verdict obtained by Alan Fumuso, in an action involving claims of obstetrical malpractice against our client. It was asserted that the plaintiff sustained significant neurological injuries due to hypoxia experienced shortly before her birth. The appellate court determined that the favorable jury verdict was reached after a fair and reasonable view of the evidence and that the trial court had appropriately rendered evidentiary rulings during the course of the trial.