On March 6, 2025, Alan J. Fumuso obtained a defense verdict in Supreme Court, Nassau County before The Honorable Danielle Peterson. Plaintiff, a then 52-year-old man, alleged that on May 17, 2019, the defendant Neurosurgeon, and his physician assistant, failed to diagnose a postoperative recurrent lumbar disc, resulting in the need for emergent spinal surgery at Stony Brook University Hospital on May 21, 2019. It was alleged that this delay resulted in neurological damage to the patient’s nerve roots in the lumbar spine, resulting in significant and permanent disability.
Plaintiff called a board certified Neurosurgeon to support these allegations and had a $500,000 settlement demand throughout the trial. Defendant contested plaintiff’s allegations, and the defense called a board certified Neurosurgeon to testify on his behalf.
The verdict sheet contained multiple alleged departures from accepted practice, and the jury deliberated two hours before returning a verdict on behalf of the defense.
