Surgeon faces another suit

Spokane oral surgeon Dr. Patrick Collins, hit last week with a $14.8 million jury verdict for a series of botched jaw surgeries that left a young Spokane woman disabled, is being sued by the widow of a man who died last year following palate surgery. He also faces several new state investigations that could put his dentistry license at risk.

The wrongful death lawsuit against Dr. Patrick C. Collins, filed Aug. 27 by Jean Gellner on behalf of the estate of her late husband, Jon L. Gellner, in Spokane County Superior Court also names Collins’ son, Dr. Chad P. Collins, and their business, Collins Oral & Maxillofacial Surgery.

The death of the 71-year-old Gellner is also under investigation by the state Dental Quality Assurance Commission in Olympia, which opened an inquiry two days after The Spokesman-Review reported July 16 that Gellner’s death wasn’t reported as state law requires.

Also, during the six-week malpractice trial against Collins brought by 29-year old Kimberly Kallestad, another former Collins patient called the dental commission to report a hospitalization following surgery in Collins’ office, which hadn’t been reported as state law requires, said Taylor Stair, a case manager in the Department of Health’s investigations office.

The commission opened an investigation into that complaint July 29.

In addition to the Gellner inquiry, the state Department of Health opened two more investigations into Collins’ dental license and his general anesthesia permit after last week’s jury verdict, Stair said.

State sanctions against Collins could include fines and the loss of his medical license, Stair added.

According to the new complaint filed by Spokane attorney Mark Kamitomo, Gellner was referred to Collins by ear, nose and throat specialist Dr. Michael Cruz for an oral appliance to relieve his sleep apnea. Cruz had advised Gellner not to undergo palate surgery, the lawsuit says.

According to the complaint, Collins told Gellner he was an appropriate candidate for surgery and recommended a laser procedure, to which Gellner consented. But on Aug. 15, 2007, Collins used another surgical procedure for which the complaint says informed consent had not been obtained and that carried a risk of swelling.

An hour and a half after the surgery began, Gellner was sent home, where he started to bleed. According to the lawsuit, Dr. Chad Collins advised Gellner to apply pressure and ice. Gellner began to inhale blood and lost consciousness, prompting his wife to call 911. He was admitted to Holy Family Hospital and placed on a ventilator. He died Sept. 1.

Attached to the complaint is a certificate signed by Dr. David C. Seltzer, an ear, nose and throat specialist and a clinical professor at the Los Angeles County-USC Medical Center. Seltzer said Gellner’s surgery “violated the appropriate standard of care for oral surgeons within the state of Washington” because: Gellner didn’t have excess palatal tissue to remove; the operation should never have been conducted on an outpatient basis because of the risk of swelling; and Dr. Chad Collins should have directed Gellner to a hospital when he began to bleed.

The lawsuit seeks unspecified damages, including those for medical expenses, losses to Gellner’s estate, emotional distress and attorney fees.

John Versnel III, the Seattle lawyer who represents many of the state’s dentists and represents both Collinses, said he’s aware of the complaint but hadn’t seen it.

“I’m familiar with the circumstances. The outcome (Gellner’s death) was unrelated to the surgery,” Versnel said.

Versnel said he couldn’t provide more detailed comments until patient confidentiality restrictions are waived in about 90 days.

Vernsel has 20 days to respond to the complaint. He is also representing Patrick Collins in the Dental Quality Assurance Commission inquiries.