News

The defense verdict recently obtained by Alan J. Fumuso in the medical malpractice case of Hobbs v. Ochs in Supreme Court, Queens County, was featured as the “Verdict of the Week” in the July 16th issue of Verdict Search New York. The Hobbs case was a wrongful death action brought on behalf of a 41 year old woman who alleged that she bled to death following multiple tooth extractions.
This was the third time within the last year that a defense verdict by Mr. Fumuso has been specifically highlighted in a legal journal. The New York Law Journal in it’s issue of April 17th 2007 gave a case description at length of the case of Clark v. Schattner, a medical malpractice case tried in Supreme Court Nassau County alleging failure to timely diagnose prostate cancer in a 61 year old plaintiff’s medical malpractice attorney. Also, the New York Law Journal featured Mr. Fumuso’s defense verdict in the case of Fleiger v. Pottanat in it’s May 9th 2006 edition. The Fleiger case involved an allegation of failure to diagnose colon cancer in a 43 year old woman, and was tried in Supreme Court Suffolk County.
In March 2007, Alan J. Fumuso obtained a defendant’s verdict on behalf of his Oral Surgeon client after a one week trial in Supreme Court Queens County before Judge Allan Weiss. The matter involved a claim that the plaintiff/decedent, a 41 year old woman, bled to death following multiple tooth extractions. The jury found that the defendant conformed to accepted practice, and further found that the cause of death listed in the autopsy report of hemorrhagic complications following multiple tooth extractions did not accurately describe the cause or manner of death.

In May 2006, Alan J. Fumuso obtained a defendant’s verdict on behalf of his client, a dentist, following a three week trial before Judge Ute Lally in Supreme Court Nassau County. The plaintiff, a 42 year old housewife, alleged that the defendant failed to timely diagnose a cancerous lesion in her tongue, resulting in metastasis and reduced life expectancy. The jury found that the defendant acted appropriately, and that the plaintiff contributed to the delay by failing to follow medical advice.

In January 2006, Lorraine B. Polin represented the Town of East Hampton, in a case brought by 28-year-old Special Education teacher, who sustained a spiral fracture of the fibula (Weber C) of his right ankle as the result of an allegedly improperly fastened horizontal outfield post at the Terry King Park in Amagansett, New York. A pre-trial settlement offer of $25,000 was rejected by plaintiff’s counsel. Liability and damages were tried before the Honorable Justice Magistrate James Orenstein in the United States District Court, Eastern District of New York and resulted in a unanimous defendant’s verdict by a 10 member jury.