Toddler, 2, dies of brain damage after routine dental procedure

A toddler who died after a dental procedure was hooked up to an empty or faulty oxygen tank and staff repeatedly muted an alarm used to monitor his pulse, his family allege. 

Zion Gastelum, 2, died four days after a visit to Kool Smiles dental clinic in Yuma , Arizona on December 16, 2017.

 His mother Veronica brought him there after it was determined that the boy needed crowns to address severe cavities and was placed under anesthesia by a Phoenix-based anesthesiologist contracted by Kool Smiles. 

Zion Gastelum’s family claim he was hooked up to an empty or fault oxygen tank as a staff member muted an alarm to measure his pulse as he recovered  following a dental procedure 

The dentist told officers the procedure went ‘well’ and lasted for about 35 minutes, according to a police report obtained by ABC 15. 

A medical malpractice lawsuit has been filed by attorneys representing Zion’s family against Kool Smiles, its staff and others hired for the procedure on Zion.  

The lawsuit, also obtained by ABC 15, states a Kool Smiles staff member silenced the alarm on the pulse oximeter, which is used to monitor a patient’s pulse and oxygen saturation. 

The lawsuit also alleges Zion was left alone in the recovery room, and an oxygen tank Zion was hooked up to was either empty or not working properly. 

Veronica Gastelum allegedly entered the room after hearing her son’s monitor alarm and observed a staff member mute it multiple times. 

‘Shortly thereafter, the alarm went off an additional three to four times – each time silenced by the Kool Smiles staff member – until the staff member finally removed the monitor from Zion and stated that the device does not work on children,’ the lawsuit claims.

Gastelum said it wasn’t until she noticed that her son’s chest was not moving and that he had no pulse, that staff began to react to the situation. 

Zion's heartbroken mother Veronica (above) claims 'everybody is broken' following the family's tragic loss

Zion’s heartbroken mother Veronica (above) claims ‘everybody is broken’ following the family’s tragic loss

Zion pictured with his father Joseph, who said that even in death the child showed kindness and generosity by donating his organs to other children in need

Zion pictured with his father Joseph, who said that even in death the child showed kindness and generosity by donating his organs to other children in need

The toddler was rushed to Phoenix Children’s Hospital where he was diagnosed with brain damage caused by lack of oxygen and died four days later on December 20.

According to the family’s lawsuit, while under general anesthesia Zion had nine of his baby teeth worked on, including root canals and crowns on six of them. 

The complaint alleges that X-rays or further investigative exams were not conducted to confirm that the nine procedures were necessary.

His distraught mother Veronica told ABC 15: ‘He would give the most amazing hugs and then he would just squeeze you and if you would squeeze him and he was like done. 

‘We have his urns on our dresser and we kiss him every day, that’s the only way we can and we do so we talk to him and we tell him that we love him. 

‘Everybody is just broken and no we’re not okay’. 

Kool Smiles said it would not make any comment on the matter pending litigation 

Kool Smiles said it would not make any comment on the matter pending litigation 

One of the treatment rooms (pictured) at Kool Smiles dental clinic in Yuma

One of the treatment rooms (pictured) at Kool Smiles dental clinic in Yuma

‘I haven’t seen more tragic facts than this’, attorney Scott Eldredge, one of the attorneys representing Zion’s family told ABC 15. 

According to the lawsuit, Valley-based anesthesiologist Aaron Roberts, contracted by Kool Smiles, carried Zion back to the operating room and placed him at the foot of a dental chair.

As he did so a second child remained intubated at the top of the chair. 

The lawsuit filed on behalf of Zion’s family alleges part of their business model is to ‘maximize the productivity of each clinic by scheduling the child-patients back-to-back’.

This resulted in an ‘insufficient amount of time between each child-patient for cleaning of the stations, monitoring of children who are recovering from various forms of anesthesia, and even to allow time for staff members to use the bathroom facilities’. 

Eldredge added: ‘This is a death that could have been prevented and should have been prevented.

‘Had proper procedures been followed, Zion would be with us today’. 

The Maricopa County Medical Examiner’s Office ruled the cause of Zion’s death as ‘undetermined’.

However, the Arizona Dental Board of Examiners met to discuss the actions of anesthesiologist Aaron Roberts over the summer, ABC 15 reported.

Roberts’ attorney made the argument to the board that it’s unclear what caused Zion’s problems. 

However Roberts and the Board entered into a ‘consent agreement’ that required Roberts to receive continued education and placed his anesthesia permit on probation.  

‘Sometimes, in the right case, with the right set of circumstances, actions are taken that would prevent a death like this again in the future. That’s what we hope for’. 

An attorney for Aaron Roberts claimed his heart went out to Zion’s family, claiming it was an ‘isolated and unfortunate incident’.

The statement read: ‘There are a number of factors unknown to the press or public, but as a matter of policy, we cannot comment on pending or active litigation. 

‘We feel that Dr. Roberts will be fully vindicated. 

‘He will be pleased to speak with the media, but not until the conclusion of the litigation. We have no further comment’.

A Kool Smiles/Benevis spokeswoman told Abc 15 that doctors and staff of the Yuma Kool Smiles office continue to extend their sincere, heartfelt sympathy to the Gastelum family. 

It added: ‘Since 2007, the office has safely and compassionately provided needed dental care to thousands of families. Respectfully, we have no further comment as this matter is pending litigation’. 

 

 

 

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