Archive for Friday, February 11, 2011

Case of Tonganoxie man injured during dental procedure in Lawrence going to mediator

February 11, 2011, 3:22 p.m. Updated February 11, 2011, 5:08 p.m.


The remaining parties have scheduled a mediation session in a lawsuit involving a 20-year-old Tonganoxie High School graduate who suffered brain damage during a 2009 dental procedure in Lawrence.

An attorney for Lawrence oral surgeon Dr. Kirk Vincent said Friday that the parties — including the city of Lawrence and five other defendants — plan to attend a session with a mediator March 23.

“The goal is to address the positives and negatives of getting the case settled,” said Rick Merker, an Overland Park attorney who represents Vincent.

On Jan. 27, Douglas County District Judge Robert Fairchild approved a $3 million settlement in the case between the family of Austin Stone and Action Plumbing Inc. of Lawrence, which denied liability in the case. The plumbing company installed medical gas lines at Vincent’s office at 4811 Bob Billings Parkway.

The suit, filed on behalf of Stone and his guardians, alleges oxygen and nitrous oxide lines were crossed during design and construction of Vincent’s office at 4811 Bob Billings Parkway. Stone had visited the office to get four wisdom teeth removed by Vincent on March 30, 2009. The suit alleges he was injured and had to be hospitalized, according to the suit.

Stone was in a coma after the incident, and he is now legally blind and has other health issues.

The city is included as a defendant because the suit alleges inspectors should have caught the switch in the lines.

Other remaining defendants in the case are Vincent; 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.


kimk 6 years, 11 months ago

Good. He deserves every cent, and more!

somedude20 6 years, 11 months ago

no amount of money is worth giving up the ability to look at a beautiful woman. to see what color your child's eyes are, to have the freedom and independence of driving (although many in this town drive like they are blind), to watch a movie. Nothing! Sorry this happened to this young man and to the people who made this large mistake (and that is a very very kind word), I hope you will pay enough time and attention to your work in the future and not worry about slipping in as many jobs in order to maximize your botton line because your negligence cost this person dearly

filmmaker06 6 years, 11 months ago

He is an awesome kid, I helped do some audio work with MTV for an episode of True Life that he is featured in. It was a privilege to have met someone that strong and talented. Good luck Austin.

MrClean 6 years, 11 months ago

No question, the parties involved need to pay up; enough so, that this young man can live comfortably for the rest of his life. Hope that inspection was not "pencil whipped."

Mr_B9 6 years, 11 months ago

Sorry, I must of missed something.

Why did Action Plumbing settle? Did they admit to a faulty installation? Has this been to trial?

thanks in advance...

easyliving 6 years, 11 months ago

I believe the huge hand gun (458 Casual) meant to have a "?" at the end of his post.

chocolateplease 6 years, 11 months ago

Their insurance company must believe that they did a faulty installation, or at least they think the plumbing company would be found liable in court. Better to settle now for 3mil than to go to court and lose, possibly paying even more, plus lawyers fees, etc.

Michael Capra 6 years, 11 months ago

he settled because he didnt want the truth to come out

Bob Forer 6 years, 11 months ago

Dr. Vincent is an excellent oral surgeon and a very nice man. I brought my dad in on two separate occasions for oral surgery and he did excellent work, and called our home both evenings to see how my father was doing. Lets all remember that this was not Dr. Vincent's fault. Action Plumbing screwed up when hooking up the medical gas lines. I will be happy to consult with Dr. Vincent again if we ever need services of an oral surgeon.

Mary Ellen Hall 6 years, 11 months ago

I'm not saying that any one party is more or less guilty than another but I don't understand how one can say Dr. Vincent has no fault. I would certainly hope that any medical professional I see who administers gasses that can be potentially lethal would personally check them each time a new tank is installed to verify that what is coming out of said tank is, in fact, what they believe it to be.

I feel horrible for Austin but I also feel for all the defendants as well because I'm sure none of them intended for such a tragedy to occur. There are no "winners" in this litigation and mediation but I hope Austin receives sufficient awards to take care of all his needs for what I pray will be a long, comfortable life. At the same time, I hope all the defendants are able to move forward with success after all is settled.

countrygal07 6 years, 11 months ago

When I lived in Lawrence many years I ago I also seen Dr Vincent. He is a wonderful dentist who cares about his patients. I also would return to his office If ever in need of a dentist. As I feel for Austin also. No money will ever replace what Austin has lost. This should have never happened. City inspectors and Action Plumbing one of them should have noticed this problem. My heart goes out to Dr. Vincent and Austin.

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