HUNTINGTON — Mountain State Oral and Facial Surgery contended a plaintiff that filed a wrongful death lawsuit failed to state a claim and the lawsuit should be dismissed.
"If...the Plaintiff suffered injuries and damages as a proximate result of negligence, such negligence was that of persons, firms or corporations other than these Defendants, their agents, servants and employees," the answer states.
The defendant argues that the applicable standard of care was met and those claims should be dismissed.
"Plaintiff's alleged damages resulted from independent and unforeseeable superseding and/or intervening causes unrelated to the conduct of these Defendants, and, therefore, Plaintiff's claims against these Defendants should be dismissed," the answer states.
Curtis Anderson, as administrator of the estate of Lueis Collins, filed a lawsuit against Dr. Steven W. Ledford and Mountain State Oral & Facial Surgery for Collins' death after having dental surgery, according to a complaint filed in Cabell Circuit Court.
Collins was having an extraction of his first molar on Sept. 11, 2019, and due to dental anxiety, he requested IV sedation. Ledford was responsible for administering the anesthesia, however, shortly after induction of the anesthesia, Collins began to cough.
Collins' carbon dioxide return ceased, his oxygen saturation began to drop and he stopped breathing, according to the suit. Ventilation efforts were moderately successful, however, Collins subsequently went into cardiac arrest and was admitted to Cabell Huntington Hospital, where he stayed until he died on Sept. 22, 2019.
Anderson claims Ledford failed to exercise the required degree of skill, care and learning required or expected with respect to monitoring and administration of anesthesia and managing adverse reactions to it.
Anderson is seeking compensatory damages for Collins' wrongful death. He is represented by Michael C. Walker of Burnside Law in Huntington.
The defendants are represented by Edward C. Martin and Ryan A. Brown of Flaherty Sensabaugh Bonasso in Charleston.
Cabell Circuit Court case number: 21-C-385