Jury Rejects Suit Against Anesthesiologist Over Response to Aspiration Event

On Jan. 30, 2018, plaintiff Jeffrey Fenuccio, 51, underwent a colonoscopy. Before the procedure had begun, a certified registered nurse anesthetist administered an anesthetic. An anesthesiologist, Dr. Robert Statfeld, supervised the nurse. While the colonoscopy was being performed, the nurse administered further doses of the anesthetic. After the colonoscopy had been completed, Fenuccio began to vomit…law.com, Florida Jury Rejects Suit Against Anesthesiologist Over Response to Aspiration Event, Melissa Siegel, 2021

Fenuccio claimed that the aspirated matter caused pneumonia and permanent residual damage of his lungs. He also claimed that he suffers from dysautonomia and the condition is a residual product of his pneumonia.

Fenuccio sued Statfeld; Statfeld’s employer, which also employed the nurse; and NCH Healthcare System Inc where the procedure was performed.

The lawsuit alleged that Statfeld and the nurse failed to properly address the colonoscopy’s complications, that the failures constituted malpractice.

Defense contended that Fenuccio’s aspiration did not cause pneumonia and that the aspiration caused viral pneumonitis, which cannot cause dysautonomia. The defense’ s expert radiologist opined that Fenuccio’s pneumonitis resolved within a few months.


The jury rendered a defense verdict.


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