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| __________________________________________________________________ Defendant's Verdict in Obstetrical Brain Damaged Infant Case against Tom Moore after 8 Million Dollar Offer Rejected 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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| __________________________________________________________________ Defense Verdict in RSD Nerve Injury Case June 2009 Lorraine Berlund Polin obtained a defendant's verdict in a trial in Supreme Court, Nassau County, before Justice Daniel Palmieri. The matter involved a claim by the plaintiff, a former JFK baggage handler, that the defendant failed to timely diagnose nerve damage from a work related injury to his foot and failed to refer the patient to a neurologist for treatment of Reflex Sympathetic Dystrophy. The plaintiff eventually underwent four sympathectomy procedures and finally insertion of a Spinal Cord Stimulator for pain control. Nicholas Timko, trial counsel for the plaintiff, asked for 1.1 million dollars in damages, but the jury returned a unanimous verdict on behalf of the defendant on all four alleged departures after approximately three hours of deliberation. |
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__________________________________________________________________ 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. |
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| __________________________________________________________________ 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. |
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__________________________________________________________________ Alan J. Fumuso in July 2008 obtained a favorable verdict on behalf of the New York City Board of Education on a damages only trial in New York County. The plaintiff was a developmentally delayed 3 year old male infant who sustained a spiral/oblique fracture of his left femur during gym class at the Birch School in Manhattan. Liability was conceded, and the case proceeded to trial solely on the issue of damages. Plaintiff established the severity of the fracture, the time spent on rehabilitation and recovery, and the emotional and developmental setbacks sustained by the infant. The plaintiff rejected a $200,000 settlement offer and asked the jury for $750,000. The jury returned a verdict in the amount of $125,000. |
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__________________________________________________________________ December 2007. Lori Polin successfully argued for dismissal of the defendant hospital after 18 days of testimony in a medical malpractice trial before Justice Arthur Pitts in Supreme Court, Suffolk County. The plaintiff’s case alleged negligence by the nurses in the post-operative care after ORIF hip surgery performed by the co-defendant orthopedic surgeon. The physician’s case went to the jury and resulted in a defense verdict. |
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| __________________________________________________________________ Defense Verdict in Neurological Injury Case May 2007. Alan J. Fumuso obtained a defendant's verdict on behalf of his anesthesiologist/pain management specialist after a four week trial in Supreme Court, Kings County, before Judge Marsha Steinhardt. The matter involved a claim by the plaintiff businesswoman, 48, that the defendant improperly performed an epidural spinal injection in the plaintiff's lumbar spine, resulting in a complete and permanent foot drop. The plaintiff's attorney asked for 5.4 million dollars in damages, but the jury returned a unanimous verdict on behalf of the defendant after three hours of deliberation. |
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| ___________________________________________________________________ Defense Verdict in Oral Surgery Wrongful Death Case 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 hemorragic complications following multiple tooth extractions did not accurately describe the cause or manner of death. |
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| ___________________________________________________________________ Defense Verdict in Oral Surgery Nerve Injury Case January 2007. Alan J. Fumuso obtained a defendant's verdict on behalf of his Oral Surgery client after a two week trial in Supreme Court Bronx County before Judge Dianne Renwick. The matter involved a claim by the 33 year old male plaintiff that the defendant severed his mental nerve during the course of an apicoectomy, resulting in permanent numbness to his lip, chin and gum. The jury found that the defendant conformed to accepted practices, that the nerve was only partially injured, and that the injury was a complication of the procedure. |
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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 Prostate Cancer Case Brought by Bruce Clark October 2006. Alan J. Fumuso obtained a defendant's verdict on behalf of his client, a specialist in Internal Medicine, following a two week trial in Supreme Court Nassau County before Judge Daniel Palmieri. The matter involved a claim by Bruce Clark, a successful plaintiff's malpractice attorney, that the defendant was negligent in failing to timely diagnose prostate cancer resulting in metastasis of the cancer and reduced life expectancy. Clark, 61, was represented by the law firm of Duffy, Duffy and Burdo, and asked the jury for a total of 3.8 million dollars in damages. The jury returned a unanimous verdict in one hour finding that the defendant did not depart from accepted practices in his case and treatment of the plaintiff. |
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| ___________________________________________________________________ Defendants Verdict in Gynecological Case October 2006. Douglas J. Swart obtained a defense verdict for his client, a specialist in Gynecology, in a case brought by a 44 year old female claiming that defendant negligently performed a hysterectomy resulting in the development of a vesico-vaginal fistula. The case was tried in Supreme Court Suffolk County before Judge Jeffrey Spinner. After a two week trial, and with the plaintiff seeking 1.5 million in damages, the jury returned a finding that the defendant was not negligent and that the injury was a risk of the procedure. |
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| ___________________________________________________________________ Dismissal of Defendant in Medullary Stroke Case October 2006. Lori Polin obtained a dismissal of the case against her client, a family practice physician, after 17 days of testimony in a trial before the Honorable Justice Ute Lally in Supreme Court, Nassau County. The plaintiff, a 44 year old mother of two teenagers, alleged a failure to diagnose a vertebral artery dissection that resulted in a medullary stroke. |
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| ___________________________________________________________________ Defense Verdict in Prostate Cancer Case September 2006. Alan J. Fumuso obtained a defendant's verdict on behalf of his client, a specialist in Family Practice, following a two week trial in Supreme Court Suffolk County before Judge Peter Mayer. The plaintiff, a 49 year old Fulbright Scholar, alleged that the defendant failed to timely diagnose prostate cancer, and delayed in sending him to a specialist. The jury found unanimously that the defendant conformed to accepted practices. |
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| ___________________________________________________________________ Defense Verdict in Tongue Cancer Case 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. |
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___________________________________________________________________ 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. |
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| ___________________________________________________________________ Defendants Verdict in Pituitary Tumor Case February 2006. Douglas J. Swart obtained a defense verdict for his client, a specialist in Internal Medicine, in a case brought by a 60 year old man alleging that the defendants failed to timely diagnose a pituitary tumor, resulting in bilateral blindness. The case was tried in Supreme Court Nassau County before Judge Thomas Phelan. After a three week trial, and with the plaintiff seeking 5 million dollars in damages, the jury found that the defendant was not negligent in her care and treatment of the plaintiff. |
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| ___________________________________________________________________ Defense Verdict in Perforated Colon Case February 2006. Seth Kirschbaum obtained a favorable verdict on behalf of his defendant gastroenterologist after a two week trial in Supreme Court Suffolk County before Judge Thomas Whelan. The plaintiff, a woman in her early 70ies, alleged that the defendant negligently performed a colonoscopy resulting in a perforation of her colon, a laparatomy to repair the damage, and the requirement of wearing a colostomy bag for the rest of her life. The jury returned a verdict on behalf of the defendant, finding that the procedure was performed correctly and that the perforation occurred as a known complication of the procedure. |
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| ___________________________________________________________________ Defense Verdict in Injury to Vocal Cords Case January 2006. Alan J. Fumuso obtained a defendant's verdict on behalf of his client, an anesthesiologist, following a two week trial in Supreme Court Nassau County before Judge Geoffrey O'Connell. The plaintiff, a 70 year old woman, alleged that the defendant permanently damaged her vocal cords during 5 unsuccessful attempts at intubation for a surgical procedure. The jury found unanimously for the defendant, finding that he conformed to accepted practices and also that the plaintiff's vocal cords were probably damaged in a subsequent surgical procedure. |
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| ___________________________________________________________________ Defense Verdict in Federal Court Case January 2006. Lori 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. |
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