Defense Verdict in Oral Surgery Case

Alan J. Fumuso obtained a defendants verdict on behalf of an Oral Surgeon in Suffolk County in January 2012. The 64 year old plaintiff alleged that he sustained a fractured jaw following the removed of his lower right wisdom tooth, as well as osteomyelitis in his mandible secondary to a delay in diagnosis of this fracture. Plaintiff had his jaws wired closed for 14 weeks by a subsequent treating Oral Surgeon (not a defendant), and still complains of permanent numbness in the area. The defense countered that the plaintiff never had a fracture, did not require wiring, and that his osteomyelitis was secondary to an infection originating in the retained roots of the tooth. After a two week trial the jury returned a unanimous defendants verdict in 15 minutes.

Appellate Division Affirms Defendant's Verdict In Brain Damaged Infant Case

March 2011  Scott Christesen received a decision from the Appellate Division Second Department which affirmed the June 2009 jury verdict obtained by Alan Fumuso, in an action involving claims of obstetrical malpractice against our client. It was asserted that the plaintiff sustained significant neurological injuries due to hypoxia experienced shortly before her birth. The appellate court determined that the favorable jury verdict was reached after a fair and reasonable view of the evidence and that the trial court had appropriately rendered evidentiary rulings during the course of the trial.

Appellate Victory on Procedural Dismissal Before Trial in Death Case

October 2010 Scott Christesen received a decision from the Appellate Division Second Department which affirmed the finding of the Supreme Court in favor of our clients on a motion seeking summary judgment and dismissal of plaintiff's complaint. This was a claim that the defendant family practice and gastroenterologists failed to timely diagnose and treat the plaintiff for a rare uterine cancer. Importantly, plaintiff counsel opposed this motion with three separate expert affidavits, totaling over 50 pages of text. Plaintiff subsequently moved for leave to the Court of Appeals and that application was denied.

Alan J. Fumuso obtained a defendant's verdict in May of 2010 in a case brought against North Shore University Hospital. It was alleged that the physicians and nursing staff were negligent in allowing a stage four sacral decubitus ulcer to develop following open heart surgery, and that this ulcer remained open and draining for a period of two years. It was the position of the defense that because of the patients debilitated condition and multiple co-morbidities, the development, extent, and duration of the sacral ulcer was unavoidable, and occurred in spite of appropriate care. The jury returned a unanimous verdict on behalf of North Shore Hospital in less than one hour.

Alan J. Fumuso obtained a procedural dismissal on April 26th 2010 of a medical malpractice action brought in Supreme Court Nassau County against the Chief of Cardiology at North Shore University Hospital, Manhasset. The action alleged negligence and lack of informed consent regarding the performance of a cardiac catherization and stenting procedure, and the medications used during the procedure. On cross-examation, the plaintiff's medical expert withdrew his testimony given on direct exam regarding medical departure, and gave equivocal testimony on the issue of proximate causation. A motion was made at the conclusion of the plaintiff's case to dismiss for failure to establish a prima facie case, and this motion was granted by Judge Antonio Brandveen.

Douglas J. Swart obtained a defendants verdict in January 2010 after 6 weeks of trial in an alleged wrongful death case of a full Professor at Hosftra University. It was alleged that the defendants negligently prescribed and monitored the drug Amiodarone, which was given for the patient's atrial fibrillation and cardiac arrhythmia. It was alleged that this led to the patients hepatic failure and death. The defense maintained that the drug was properly prescribed and monitored, and was not proximately related to the patient's demise. The jury unianimously found for the defense after four hours of deliberation.

Adam M. Oshrin in November of 2009 obtained a defendant's verdict in a trial in Supreme Court Suffolk County. The 30 year old plaintiff claimed that she suffered a brachial plexus nerve injury due to negligent position during the performance of an ERCP. The defense argued that her complaints were not due to positioning during the procedure, but were secondary to intramuscular injections the patient had received in the hospital. The plaintiff's attorney asked the jury to award $525,000, but the jury returned a unanimous verdict on behalf of the defendant.

Alan J. Fumuso in June 2009 obtained a defendant's verdict in a case tried for 4 weeks in Supreme Court Suffolk County. The plaintiff was a now 6 year old girl who suffers from cerebral palsy, and is significantly and permanently handicapped. She was represented by Thomas Moore, a nationally known plaintiff's malpractice attorney. It was alleged that Mr. Fumuso's client - her delivering obstetrician - and the co-defendant St. Charles Hospital, were negligent in failing to recognize the obstetrical emergency of a ruptured uterus during labor and negligently delayed her delivery, resulting in hypoxic brain damage. The delivery was an attempted VBAC (vaginal birth after cesarian section), and carried an increased risk of uterine rupture. Plaintiff's offered proof of 93 million dollars in economic damages. An 8 million dollar settlement offer on behalf of both defendants was rejected prior to the summations. The jury in their second day of deliberation returned a unanimous verdict on behalf of the defendant obstetrican and St. Charles Hospital.

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Defendant's Verdict in Wrongful Death Case after Four Month Trial

June 2009 - Douglas J. Swart successfully represented North Shore University Hospital and multiple defendant physicians in a four month long trial which was tried in Supreme Court, Queens County. The case alleged wrongful death and fraud, and was brought on behalf of the family of the decedent - a 45 year old retired police detective. The case involved a laparoscopic cholecystectomy, with the plaintiff asserting negligence both pre-operatively and intra-operatively - resulting in the plaintiff's death one year later. Plaintiff's counsel asked the jury for 3 million dollars in damages for pain and suffering, and also for unspecificed amounts in compensatory and punitive damages. The jury returned a unanimous verdict for the defendants during their second day of deliberation.

February 2009   Scott Christesen obtained a decision from the Appellate Division 2nd Department which reversed the Supreme Court denial of our client's motion for summary judgment in a case involving claims of birth related injuries due to alleged negligence of the defendant OB/Gyn. The Court dismissed all claims against our client.

February 2009   Scott Christesen obtained a decision from the Appellate Division 2nd Department, which reversed the Supreme Court denial of our client's motion for summary judgment in a case claiming that accupuncture treatments lead to the plaintiff having a needle fragment lodged in her heart. The Court dismissed all claims against our clients. 

October 2008- Douglas Swart obtained a defense verdict on behalf of his client in a trial before Judge Roy Mahon in Supreme Court, Suffolk County.  The action was brought by a then thirty-two year old married mother of three, who was employed as an occupational therapist, alleging that the defendant  internist was negligent in failing to timely refer the patient to a rheumatologist resulting in a worsening of the patient’s psoriatic arthritis. After approximately three hours of deliberation, the jury returned a verdict in favor of the defendant physician.

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Defendants Verdict in Neurological Injury Case

January 2007. Douglas J. Swart obtained a defense verdict for his client, a specialist in Internal Medicine, in a case brought by a 66 year old female alleging mismanagement of the patient's atrial fibrillation on anticoagulant therapy resulting in a CVA and severe neurological deficits. The case was tried in Supreme Court Queens County before Judge Patricia Satterfield. The plaintiff asked the jury for 3 million dollars in damages following a three week trial, but the jury found that the defendant gave appropriate treatment, and that the plaintiff also failed to follow medical advice.

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Defense Verdict in Colon Cancer Case

March 2006. Alan J. Fumuso obtained a defendant's verdict on behalf of his client, a specialist in Internal Medicine, following a four week trial in Supreme Court Suffolk County before Judge Melvyn Tanenbaum. The plaintiff, a 37 year old housewife, alleged that the defendant failed to timely diagnose colon cancer, resulting in metastasis and reduced life expectancy. The plaintiff's attorney asked the jury for 4 million dollars in damages, but the jury returned a unanimous defendant's verdict in one hour, finding that the defendant conformed to accepted practices in her care and treatment of the plaintiff.