THE Seventh-day Adventist Mission Dental Clinic and Dr. Steven Debulgado have denied the allegations of a mother and daughter who have sued the defendants for negligence.
The minor child and her mother Daelina Aguon, through attorney Joseph Horey, filed the lawsuit in Superior Court in December 2021, and have asked the court to award them an unspecified amount of damages for pain, suffering and emotional distress.
The lawsuit also included as defendants unnamed five other employees of the dental clinic.
SDA and Dr. Debulgado filed separate answers to the complaint, but were represented by the same attorney, Maria K. Schultz, of Marianas Legal Strategy Group LLC.
In their responses, SDA and Dr. Debulgado denied that they were negligent.
They also asserted that “Daelina Aguon lacks legal authority and standing to assert claims on behalf of plaintiff and has not complied with necessary procedural requirements to assert any such claims.”
Plaintiffs’ claims are barred because applicable law does not authorize suing Doe or unnamed defendants, Schultz said.
She added that plaintiffs alleged injuries and/or damages that were not proximately or legally caused by any negligence or wrongful conduct on the part of defendant/s.
Schultz asked the court for an order dismissing the lawsuit, and award legal costs.
According to the complaint, on Jan. 15, 2020, the child visited the Seventh-day Adventist Dental Clinic to have silver crowns put on some of her teeth.
The crown application procedure was performed by Dr. Debulgado.
The lawsuit stated that while the child was getting the silver crown put on, a hot metal applicator machine burned her face, creating a large open lesion at the corner of her mouth.
During the procedure, the child was under anesthesia, and was unaware that her face was being burned by the machine, the lawsuit stated.
It added that neither Dr. Debulgado nor any of the other employees noticed that the child’s face was being burned by the machine.
After the anesthesia wore off, that was the only time the child became aware of her injury — she suffered acute pain, suffering and distress, the lawsuit stated.
The child’s wound gradually healed, but continued to cause discomfort and distress to her for several weeks, the lawsuit added.
As the wound healed, it left a disfiguring facial scar, which remains to this day, and continues to cause distress to the child, the lawsuit stated.
