Defense Verdict for Gastroenterologist Who Performed Routine Colonoscopy

Obtained a defense verdict in state court in Montgomery County involving aspiration pneumonia suffered by the plaintiff during a routine colonoscopy. We represented the gastroenterologist who had nothing to do with the administration of anesthesia. Following completion of the procedure, the plaintiff aspirated and was transferred to the hospital where he was diagnosed with aspiration pneumonia, treated and discharged after two days. He went on to suffer numerous exacerbations of pre-existing COPD (which he claimed had never occurred prior to the aspiration), and which the defense maintained was due to his history of heavy smoking. There were no issues concerning the colonoscopy. Although we had the plaintiff's sole liability expert disqualified, we remained in the case under a "Captain of the Ship" agency theory. The trial lasted for seven days and the jury deliberated for 12 minutes before returning a defense verdict.