On February 9, 2017, Alan J. Fumuso obtained a Defendants Verdict for his client in a wrongful death case tried in Supreme Court Suffolk County before Judge Joseph Pastoressa. The Plaintiff/Decedent was 40 years old at the time of his demise, leaving a wife and four children. It was claimed that the defendant, a Family Practice Physician, did not properly evaluate the Plaintiff’s cardiac presentation, and did not timely refer the Plaintiff to a cardiologist, resulting in the Plaintiff dying from a cardiac arrest secondary to a condition of Myocarditis. The defense argued that proper care was rendered to the Plaintiff, and moreover that the Myocarditis was an acute event which developed after the Plaintiff had last been evaluated by the Defendant. Plaintiff’s counsel during summation asked the jury for $2,500,000 in money damages. A jury of 4 women and 2 men, after deliberating for less than two hours, returned a unanimous verdict on behalf of the Defendant.
