The family of a 20-year-old Tonganoxie High School graduate who suffered brain damage during a 2009 dental procedure in Lawrence reached a $3 million settlement Thursday with a Lawrence plumbing company.
But legal action is pending against several defendants, including the city of Lawrence, in the case that was filed on behalf of Austin Stone. A trial is scheduled for November.
The lawsuit, which was filed on behalf of Stone and his guardians, Tara Passmore and Lance Stone, alleges that oxygen and nitrous oxide lines were crossed during design and construction of Dr. Kirk Vincent’s office at 4811 Bob Billings Parkway.
In a settlement agreement, Action Plumbing, which installed the medical gas lines, denied liability. Chief Douglas County District Judge Robert Fairchild approved the settlement in court Thursday.
According to testimony and court records, a major portion of the $3 million will be used to help pay for Stone’s future care and expenses. Stone was in a coma after the incident, and he is now legally blind and has other health issues.
The lawsuit alleges:
Stone visited Vincent’s office on March 30, 2009, to have four wisdom teeth removed. During the visit, Vincent tried to sedate Stone with what he believed was a mixture of nitrous oxide and oxygen.
When Stone did not become sedated, the doctor administered Fentanyl and Diazepam, and then Propofol. At that point Stone’s heart rate decreased, and Vincent administered what he thought to be 100 percent oxygen, but it was pure nitrous oxide.
Emergency medical workers were called because Stone eventually stopped breathing, and at Lawrence Memorial Hospital he was diagnosed with brain damage because of oxygen deprivation. Stone was eventually transferred to Kansas University Hospital and other institutes for rehabilitation.
According to testimony Thursday, Stone still suffers from significant neurological problems.
In addition to the city, the other defendants remaining in the case are Vincent; Patterson Dental Supply Inc. of Topeka; Blanchard Design Group LLC of Lawrence, the architect on the project; general contractor Design Build Collaborative LLC of Lawrence; and mechanical engineers Hoss & Brown Inc. of Lawrence. The city was included as a party because the suit alleges inspectors should have caught the switch in the lines.
The Stone family’s attorney, Kirk Goza, declined comment after Thursday’s hearing except to say the litigation is far from over.
Comments
458casul 2 years, 4 months ago
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imastinker 2 years, 4 months ago
458 - I'm sure this is terrible for everyone involved. Your claims are slander unless you can back them up with some facts. I don't know anyone involved or the specifics of the situation, but all humans will make mistakes.
It's a shame he has all those problems now, but I feel just as sorry for all the parties to this lawsuit that had no fault at all, like the architects. Those poor folks could lose everything, and they made no mistakes here at all.
xdcr 2 years, 4 months ago
458 thinks he's a plumber---he's NOT!!! named his company after another Lawrence plumber---go figure-----
just_another_bozo_on_this_bus 2 years, 4 months ago
Isn't it standard operating procedure to test these lines to make sure they're operating properly before using them on patients?
bryanw 2 years, 4 months ago
I was a member of the mechanical board at the time of this accident. I have been both vice-chairman and chairman of the mechanical board. Something to know and consider:
For many years the city of Lawrence was under the Uniform codes for both Plumbing and Mechanical with no problems. The Uniform code called for "independent third party" certification that the lines were right for med gases. A certificate showing this test had been performed should have been given to the building inspections BEFORE an occupancy permit was allowed. Whether it was or not, I don't know. I believe it wasn't, therefore no occupancy permit should have been permitted. Also, the mechanical board and the plumbing board voted unanimously to stay the Uniform code book. The city commission said "We had to go to International Code Book". I attended the commission meeting where our chairman of the mechanical board at the time and a representative of the Uniform codes, stated specifically about the International code didn't address MED GASES as the Uniform Codes did to possibly prevent this type of accident from occurring. The city commission voted to demand we go to International codes. A year and a half later, young Mr. Stone was fighting for his life in this tragic accident.
I believe a series of things had happened to allow such an accident to happen. The changing of the codes; that specifically addressed this issue, played a role.
The #1 job of the city trade boards is to PROTECT the citizens of Lawrence through its permit and inspections and interpretations of the codes.... We failed Mr. Stone and his family. I was proud of our board (Mechanical) for the work we did in trying to prevent this type of accident and always looking out for the publics safety.
just_another_bozo_on_this_bus 2 years, 4 months ago
Thanks for that info. Clearly this an instance where less government oversight was not a good thing.
jafs 2 years, 4 months ago
I'd say both the plumber (if the lines were incorrectly installed) and the dentist share responsibility here.
I also find these "no admission of liability" settlements funny - why would they pay $3 million if they hadn't done anything wrong?
Personally, I had a bad experience with Action Plumbing, so I'm inclined to believe they could have installed the lines backwards.
jajacut 2 years, 4 months ago
People settle with "no admission of liability" all the time. It's so they put it behind them and everyone can try to move on. Action Plumbing is always has done great work for me and friends of mine. I think it's sad that they are the ones that are out there alone while the others (especially the dentist) are grouped together.
Seems to me that the dentist compounded each problem with another. Inspectors are obviously at fault if the lines were wrong. If they would have done their job, then Action could have known the lines were backwards and would have corrected it then.
jafs 2 years, 4 months ago
Agreed on the inspectors.
The plumbers, inspectors and dentist should share responsibility.
I know that's why it's said these sorts of settlements happen, but if I hadn't done anything wrong, I wouldn't be so willing to pay massive amounts of money.
IslandBug 2 years, 4 months ago
How easily we forget what truly is important in life. It isn't to point fingers and say hateful things. As hard as it is to understand, sometimes just bad things happen to good people. Please continue to keep Austin and his family in your prayers. That truly is what is important then, now and in the future. There will never be a clear winner in any of this. Continue prayers for all involved that everyone can forgive and move forward. Best of luck to you Austin.
jafs 2 years, 4 months ago
Or acts of negligence that resulted in them.
wildwilly 2 years, 4 months ago
You don't hand out 3 million with no battle if you are in the right. Lets all do the right thing for Austin stone, 1) BOYCOTT ACTION PLUMBING and use only reputable plumbing contractors. Ask the shop and plumber about their experience, training, continuing education, ask to see licenses and affiliation credentials. 2) Contact your City Councilman and tell them to switch back to the IAPMO (Uniform Codes) immediately so that certificate of inspection for Medical Gas is required, or the person you replace them with this spring WILL. This is human life we are talking about not politics. This type of tragedy will continue day in and day out if we walk on by in our fast pace lives. Lets pull together for this one cause and not let the Austin Stones in our lives be forgotten.
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