SDA wants negligence suit dismissed

Posted on Feb 17 2022


The Seventh-Day Adventist Dental Clinic has asked the Superior Court to dismiss the lawsuit filed by a woman alleging negligence on SDA’s part for burning her daughter’s face and leaving her with a disfigured facial scar.

In a response filed by SDA and Dr. Steven Debulgado through attorney Maria K. Schultz of Marianas Legal Strategy Group LLC, the defendants asked the court to dismiss the lawsuit filed by Daelina Aguon on behalf of her child alleging negligence.

Schultz said her clients deny negligence on their part and also want the court to award them legal costs.

The lawyer argued that Aguon lacks legal authority and standing to assert claims on behalf of her daughter, the plaintiff, and has not complied with necessary procedural requirements to assert any such claims.

Schultz added that Aguon alleged injuries and damages that were not proximately or legally caused by any negligence or wrongful conduct on the part of the dental clinic.

According to the lawsuit, back in Jan. 15, 2020, the child visited the SDA clinic to have silver crowns put on some of her teeth. The crown application procedure was performed by Debulgado.

While the child was getting the silver crown affixed, the “hot metal applicator machine” allegedly burned her face, creating a large open lesion at the corner of her mouth. However, because the child was under anesthesia, she was allegedly unaware that her face was being burned by the machine.

According to the lawsuit, neither Debulgado nor any of the other employees noticed that the child’s face was being burned by the machine.

When the anesthesia wore off, the child became aware of her injury, and suffered acute pain, suffering and distress, the lawsuit stated. The child’s wound gradually healed, but allegedly continued to cause discomfort and distress to her for several weeks.

The lawsuit said that as the wound healed, it left a disfiguring facial scar, which remains to this day, and continues to cause distress to the child.

Aguon, through attorney Joseph Horey, filed the lawsuit in Superior Court back in December 2021 on behalf of her child and wants the court to award them an unspecified amount of damages for pain, suffering, and emotional distress.

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