On November 21, 2024, Alan J. Fumuso obtained a defense verdict after a two week trial in Supreme Count, Nassau County before the Honorable Francis Ricigliano. Plaintiff, a then 47-year-old man, alleged that the defendant oral surgeon failed to timely diagnose and treat a condition of osteomyelitis following an extraction of his right lower third molar. It was alleged that this delay in diagnosis and treatment resulted in the patient sustaining a fracture of his right mandible, requiring hospitalization, an operation consisting of an open reduction internal fixation, plating, a subsequent operation to remove the plate, and continuing complaints.
Plaintiff called a board certified oral maxillo-facial surgeon to support those allegations, and had a $450,000 settlement demand throughout the trial. Defendant contested plaintiff’s allegations, and an OMS expert witness was called at trial on her behalf.
The jury deliberated for one hour before returning a unanimous verdict on behalf of the defendant.
