Archive for Wednesday, April 6, 2011

Settlement reached in case of Tonganoxie man injured during dental procedure

April 6, 2011


An attorney said Wednesday that a settlement has been reached in a lawsuit filed after a 20-year-old Tonganoxie High School graduate suffered brain damage during a 2009 dental procedure in Lawrence.

“The matter has been settled with all parties, and the case will be dismissed,” said Rick Merker, an Overland Park attorney who represents Dr. Kirk Vincent, a Lawrence oral surgeon.

A hearing is scheduled for 3 p.m. next Wednesday, April 13, during which the parties will ask Douglas County Chief District Judge Robert Fairchild to dismiss the case.

The lawsuit was filed in 2010 on behalf of Austin Stone and his guardians alleging oxygen and nitrous oxide lines were crossed during the design and construction of Vincent’s new office at 4811 Bob Billings Parkway.

Stone had visited the office to get four wisdom teeth removed by Vincent on March 30, 2009, but the lawsuit alleged he was injured and had to be hospitalized. Stone was in a coma after the incident, and he is now legally blind and has other health issues, according to court records and past testimony in the case.

Fairchild in January approved a $3 million settlement in the case between Stone’s family and Action Plumbing Inc. of Lawrence, which denied liability as part of the agreement. The plumbing company installed medical gas lines at Vincent’s new office.

But several others, including Vincent and the city of Lawrence, remained as defendants in the lawsuit. The parties met with a mediator March 23, which led to the settlement, Merker said.

“We had a very, very lengthy, very hard mediation session in this case,” he said.

Merker said the amount of the settlement for private entities involved would remain confidential as part of the agreement.

Lawrence attorney Jerry Cooley, who represents the city, said Wednesday he could not comment about the settlement until it had a judge’s approval. The city was included as a defendant because the lawsuit alleged inspectors should have caught the switch in the lines.

Other than the city and Vincent, remaining defendants are Patterson Dental Supply Inc. of Topeka; Blanchard Design Group LLC of Lawrence, the project’s architect; general contractor Design Build Collaborative LLC of Lawrence; and mechanical engineers Hoss & Brown Inc. of Lawrence.


Michael Capra 7 years ago

the contractor and action plumbing did all this for greed

Michael Capra 7 years ago

no one lost there license whats up with that

countrygal07 7 years ago

I agree. Someone should have lost their license over this crap. Its ashame what someone has to live with over someone elses stupidity

Michael Capra 7 years ago

they should have to prove they got a license lagite

xdcr 7 years ago

458 (mike) how did you get your plumbing license??? It's well known about your actions during testing time at JCCC. Why do you hate Action Plumbing so much?? things that make us wonder. Go clean your gun.

Michael Capra 7 years ago

my boy had the same thing done three weeks earlyer at old office and action called a med gas licenced person 3 weeks prior found out it was two much money to bring them into job so my point is it all happened over greed

MarcoPogo 7 years ago

I ran this through the Google translator and came up with nothing.

pablo 7 years ago

I've had surgery under Dr. Vincent and he was a very professional, kind man. It's a real shame this all happened.

SWJayhawk13 7 years ago

maybe I'm missing something...but why was the city included as a defendant? What role did the city play in this fiasco?

Loretta James 7 years ago

READ ARTICLE Inspectors from city didn't catch it.

Sigmund 7 years ago

The City inspected and approve the plumbing. Did the inspector lose their job? Was their name ever in any article? Does anyone in government ever lose their jobs or ever get sued for negligence? Nope.

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