Medical Expert Witness

Florida Jury Rejects Suit Against Anesthesiologist Over Aspiration Event

On Jan. 30, 2018, plaintiff Jeffrey Fenuccio, 51, an electrician, underwent a colonoscopy. Before the procedure had begun, a certified registered nurse anesthetist administered an anesthetic. An anesthesiologist, Dr. Robert Statfeld, supervised the nurse. Statfeld departed after the anesthetic had been administered, and he did not return. While the colonoscopy was being performed, the nurse administered further doses of the anesthetic…, Florida Jury Rejects Suit Against Anesthesiologist Over Response to Aspiration Event, Melissa Siegel, 2021


After the colonoscopy had been completed, Fenuccio began to vomit. He aspirated his stomach’s acid and the colonoscopy’s preparatory laxative. The nurse applied a device that suctioned Fenuccio’s airway. Statfeld was summoned, and he continued the suctioning of Fenuccio’s airway. Fenuccio claimed that the aspirated matter caused pneumonia and permanent residual damage of his lungs.


Fenuccio sued Statfeld; Statfeld’s employer, Florida Gulf-to-Bay Anesthesiology Associates LLC, which also employed the nurse; and NCH Creekside’s operator, NCH Healthcare System Inc. The lawsuit alleged that Statfeld and the nurse failed to properly address the colonoscopy’s complications, that the failures constituted malpractice, and that Florida Gulf-to-Bay Anesthesiology Associates and NCH Healthcare System were vicariously liable for the actions of Statfeld and the nurse.


Fenuccio sought recovery of past medical expenses, $3.2 million for future medical expenses, and damages for past and future pain and suffering. His wife presented a derivative claim.


The jury rendered a defense verdict.


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