On July 3, 2024, Alan J. Fumuso obtained a defense verdict after a two week trial in Supreme Court, Nassau County, before the Hon. Christopher J. McGrath. This was a case of alleged Wrongful Death and Conscious Pain and Suffering of a then 49 year old married man in which plaintiff’s counsel, the Chairwoman of the New York State Trial Lawyers Association, alleged that the defendant Family Practitioner was negligent in not diagnosing congestive heart failure, in failing to do certain cardiac testing, and in failing to send the plaintiff to a cardiologist for further evaluation. Plaintiff’s expert cardiologist testified that the defendant committed six separate departures from accepted practice, all contributing to the plaintiff’s death. Plaintiff’s attorney also called an economist who testified to economic loss to the Estate of approximately $1,000,000. The defense countered with an expert cardiologist, and asserted that the Plaintiff never had congestive heart failure. More specifically it was the position of the defense that his death was due to a sudden cardiac arrythmia secondary to a stenosis of the plaintiff’s right coronary artery, and was not foreseeable.
Plaintiff’s attorney asked the jury for a total of $4.5 million dollars in damages, including pain and suffering, economic loss to the Estate, and Loss of Guidance to the Plaintiff’s 17 year old daughter. The jury deliberated for 6 hours over two days, and ultimately returned a verdict on behalf of the defendant.
