SCOTTSDALE, AZ — A family has settled their wrongful death lawsuit after their son died following a dental procedure.
Derek Swanson went in for a dental implant in 2023.
“He was so excited. He had fixed a lot of teeth, and they were looking really nice,” his mom, Brenda Swanson, told ABC15 in an interview earlier this year.
She went with her 40-year-old son to the dental office.
“They called Derek back, and that I won’t forget. He turned around and he gave me a that wink and said, ‘love you,’ and he walked back.”
She waited.
“I just kept waiting and waiting, and Derek wasn’t coming out.”
She was told there were complications. Her son had to be rushed to the emergency room. He was put on life support.
“This happened on the third of March 2023, and we took Derek off life support on the 10th of March,” she said.
The Maricopa County Medical Examiner said Derek’s death was due to complications of anesthesia administration during a dental procedure.
Earlier this year, his parents filed a wrongful death lawsuit against the dentist, Dr. Derek Lamb, and Scottsdale Facial and Oral Surgery.
The lawsuit alleged a series of failures during anesthesia that left Derek without enough oxygen, resulting in a brain injury that caused his death.
Attorneys for Dr. Lamb denied any negligence. In a response filed in court, they said Dr. Lamb met the standard of care and did not cause or contribute to Derek’s alleged injuries or death.
Now, the two sides have reached a confidential settlement of all claims, according to new court records. The settlement amount is also confidential. ABC15 reached out to Dr. Lamb and his attorneys for comment but did not hear back.
In a statement, the Swansons’ attorney, Shannon Clark, wrote, We can confirm that the case has settled and is now dismissed. We are not at liberty to comment further on that matter.
Earlier this year, Brenda and Bill Swanson told ABC15 they weren’t just seeking accountability. They also wanted to see changes in state law when it comes to dental surgery.
“We would like to not have another family go through what we had to go through and are going through and will be for the rest of our life,” Brenda Swanson told ABC15.
Right now in Arizona, a dentist can perform surgery and also give anesthesia as long as the dentist has proper training and a state permit. The Swansons told ABC15 earlier this year they want a two-person system where the dentist handles surgery while an anesthesiologist focuses on keeping the patient safe.
While Arizona doesn’t require it, you can request a second person just for your anesthesia at the dentist. This is what’s called a two-provider system. Some dentists already use a two-provider system.
Email ABC15 Investigator Anne Ryman at: anne.ryman@abc15.com, call her at 602-685-6345, or connect on X and Facebook.