Lawsuit Alleges Nitrous Oxide Use Led to Child’s Death at Dentist

Malpractice claim comes as other nitrous oxide lawsuits are being pursued against manufacturers, alleging that the canisters were intentionally marketed for recreational use, leading to devastating injuries.

A California mother has filed a medical malpractice lawsuit alleging that errors involving anesthesia, including nitrous oxide and propofol, during her daughter’s dental procedure caused the child’s death.

The complaint (PDF) was brought by Itzel De Jesus in the California Superior Court in San Diego on December 29, on behalf of herself and the estate of her deceased daughter, Silvanna Moreno. The lawsuit names Dreamtime Dentistry Dental Group of Ryan Watkins, DDS Inc., Ryan Watkins, DDS, Kyung Lee Boen, DDS, Jose Roberto Moreno Huerta and several other yet-to-be identified individuals as defendants.

According to the lawsuit, Silvanna was 9 years old when she was placed under anesthesia by Dr. Ryan Watkins on March 18, 2025, for a dental procedure performed by Dr. Kyung Lee Boen. After the procedure, she was monitored in recovery for about 45 minutes before being discharged.

Her mother claims that when Silvanna was released she was in an almost “comatose-like” condition. Once home the child was placed in bed and monitored. A couple hours later, her brother noticed she had stopped breathing and the paramedics were called.

However, the lawsuit alleges that help came too late. Silvanna was pronounced dead just four hours after the surgery, with the cause of death determined to be methemoglobinemia following recent nitrous oxide administration. 

According to the complaint, nitrous oxide was used alongside nine other medications, including propofol, triggering oxidation of her hemoglobin and preventing her blood from carrying oxygen, ultimately leading to suffocation. The condition is commonly associated with known risks of nitrous oxide and benzodiazepines, and De Jesus alleges that the failure to recognize and address these dangers amounted to medical malpractice.

Nitrous Oxide Concerns

While approved for use as a dental anesthetic, the claim comes at a time of heightened attention to recreational use of nitrous oxide, as a result of a series of nitrous oxide lawsuits.

In addition to use as a medical anesthetic, nitrous oxide is also traditionally used in food preparation. However, inhaling the gas can cause a brief euphoric high, resulting in it acquiring the street name “whippits.” Amid the widespread abuse of nitrous oxide, a number of products have been increasingly sold directly to young adults in vape shops and online stores, where they are marketed with colorful packaging, sweet flavors and accessories designed to facilitate direct inhalation.

Last year, the U.S. Food and Drug Administration (FDA) issued a safety warning about the risks of nitrous oxide inhalation, cautioning that health officials have seen a surge in reports of brain damage, paralysis, hallucinations and deaths linked to brands like Galaxy Gas among teens and young adults.

As a result, a number of nitrous oxide lawsuits have been filed against the canister manufacturers, seeking to hold the companies accountable for failing to adequately warn about the serious health risks associated with inhaling the gas.

In the case of Silvanna, her mother argues that the dentists failed to meet accepted standards of care in ensuring her daughter’s safety after the procedure.

“If diagnosed post-surgery, complications and death are preventable by supplementing the patient’s oxygen and by the administration of Methylene blue. Due to her rapid and inappropriate discharge, Silvanna’s Methemoglobinemia went undiagnosed and thus untreated, causing her to slowly suffocate.”

– Itzel De Jesus v. Dreamtime Dentistry Dental Group of Ryan Watkins, DDS Inc. et al

The lawsuit notes that video surveillance cameras clearly show the child’s head bobbing, with her mother having to hold her in a wheelchair because Silvanna was unable to walk. The lawsuit argues that she should not have been discharged in that condition. Had Silvanna been monitored adequately and for a long enough time her death could have been prevented, her mother claims.

De Jesus presents claims of professional negligence – wrongful death, and professional negligence-survival action. She seeks compensatory damages.

Nitrous Oxide Lawsuits

Despite the malpractice nature of this lawsuit, most of the current nitrous oxide litigation has centered on brands such as Galaxy Gas, Baking Bad, Cosmic Gas, HOTWHIP, InfusionMax, MassGass, Miami Magic and Whip-It!

These nitrous oxide addiction lawsuits claim the manufacturers have failed to provide adequate warnings and used deceptive marketing tactics to promote the canisters as safe or harmless. Former users and family members are seeking to hold the manufacturers accountable for injuries caused by them placing profits over consumer safety.

Nitrous oxide attorneys are currently offering free consultations to individuals and families who may be eligible for compensation through a nitrous oxide lawsuit.

To stay up to date on this litigation, sign up to receive nitrous oxide lawsuit updates delivered directly to your inbox.