On December 19, 2024, Christian Fumuso obtained a unanimous defense verdict after a three week trial in Supreme Court, Suffolk County before the Honorable Alison Napolitano. It was alleged by the Estate of the plaintiff’s decedent that the defendant Interventional Radiologist perforated the patients large bowel during the placement of a drainage catheter to relieve the contents of an abscess attached to the patients colon. As a result of the alleged perforation, plaintiff’s Estate claimed that the decedent required an emergent colectomy after she developed peritonitis and sustained 5 years of pain and suffering related to chronic post-surgical fistula’s, infection, malnourishment and death. Defendant’s argued that the bowel perforation was pre-existing and the result of complications from a prior surgical procedure which led to anastomotic breakdown causing the abscess development which had to be drained by the defendant. In support of defendant’s theory, radiographic evidence was introduced showing the existence of a pre-existing communication between the large bowel and abscess cavity via fistulous tract near the anastomotic segment while the catheter remained away from the bowel lumen.
Both plaintiff and defendant called Board Certified expert witnesses in Interventional Radiology and General Surgery.
In summation, plaintiff asked for $2.7 million dollars in damages related to 5 years of alleged pain and suffering up to the time of death.
The jury deliberated for a little over 1 hour and returned a unanimous defense verdict.
