On February 9, 2024, Christian Fumuso received a Defense Verdict after a three week trial in Nassau County Supreme Court before Judge Lisa Cairo. It was alleged that the defendant OB/GYN was negligent in her performance of a D&C procedure on a 54 year old patient with a history of abnormal uterine bleeding that allegedly resulted in the perforation of the patients uterus and large bowel. As a result of the alleged dual organ perforation, it was claimed that the patient was required to undergo an exploratory laparotomy after the presence of free air was identified via abdominal CT and the patient sustained multiple post-op complications that required her to be hospitalized for months. The defense maintained that the D&C was both indicated and performed appropriately as there was no clinical, radiological or surgical evidence of a perforated uterus and/or bowel caused by a medical instrument. Instead, the defense argued that the free air shown on the abdominal CT was the result of a ruptured diverticulum that was unrelated to the defendant’s care. The trial consisted of 9 total witnesses with 5 experts from the fields of Gynecology, Radiology and Surgery.
Plaintiff’s attorney asked the jury for 3 million dollars in past pain and suffering at the time of summation along with an additional $500,000 for expected future medical costs. The jury deliberated for three and a half hours and returned a verdict on behalf of the defendant OB/GYN.
