In July 2021, a three year old boy died after having dental work done in Kansas. A few months later the parents filed a lawsuit against the the dentist, the dental office, the nurse anesthetist, and the anesthesia company.
The young boy needed to have some teeth removed due to a gum infection. He went with his mother to two dental offices in southwest Kansas to help choose a dental office. Ultimately a dental office was chosen in Wichita, Kansas which was four hours from their home.
According to the timeline of events in the lawsuit, during the boy’s dental work he was given anesthesia with propofol and ketamine by the nurse anesthetist at 7:15 A.M. Around 8 AM the boy was given another dose of propofol by the nurse anesthetist. Around the same time the nurse anesthetist noticed an irregular heart rhythm and inadequate patient ventilation. Minutes later no pulse was observed and cardiopulmonary resuscitation (CPR) was started and 911 was called. Shortly later the nurse anesthetist placed an endotracheal tube for ventilation. Within 6 minutes paramedics arrived and continued with CPR. The boy was then taken by ambulance to a hospital where he died.
The lawsuit alleges that it was below the standard of care to allow the boy to become inadequately ventilated. This inadequately ventilation led to bradycardia (a decreased heart rate), then no pulse, and finally PEA (pulseless electrical activity of the heart). The inadequate ventilation and airway comprise also led to severe hypoxia which resulted in cardiac arrest. The lawsuit alleges that with proper care the boy would have had a successful, uneventful dental procedure and alive and healthy today. The lawsuit also challenges the non-economic damage cap in Kansas and says
“The statutory $250,000.00 cap for wrongful death is a clear injustice to all Kansans who have suffered the wrongful death of a family member and loved one.”
Children dying at a young age while under anesthesia having dental work done has been discussed before on this website, see for example https://www.teethremoval.com/dental_deaths.html. Arguments that $250,000 non-economic damage caps imposed by many states in the U.S. are unfair and unjust has also been discussed before on this site, see for example https://www.teethremoval.com/legal_standpoint.html.
A statement was released by the dental practice where the boy received the work at that led to his death. In the statement it says they are devasated by the boy’s death and that their practice has never experienced such a tragedy before, had no reason to believe the boys dental work would be anything but routine, and they thanked the emergency first responders for arriving so quickly. The statement also said that they felt the lawsuit was filed prematurely and they too like the family of the young boy are interested to know what exactly caused his death.
It is noteworthy that the young boy also had a younger brother and older sister and the parents said they all had the same eating habits so its not clear why he developed the gum disease but not his siblings.
Sources:
- Laura McMilan, “Parents sue Wichita dentist and others over death of their 3-year-old boy,” KSN.com, Aug. 17, 2021, updated Aug. 19, 2021.
- KWCH staff, “Family files lawsuit in death of 3-year-old boy at Wichita dentist office,” KWCH, Aug. 17, 2021.