KNOXVILLE, Tenn — A Knoxville dentist is facing a class-action lawsuit from three of his patients who claim his practice potentially exposed thousands of people to infectious diseases by improperly sterilizing dental tools and using them on patients.
The suit was filed on Dec. 19 on behalf of patient Gerald Witt and two other patients who are only listed by their initials, M.T. and C. I. against Clarence "Buzz" Nabers, his Dental Studio 304 and Dental Studio West, and Tresa Maria Nabers.
The suit alleges Nabers is liable for the "negligent infliction of emotional distress and negligence caused by [his] systematic failure to properly sterilize dental instruments, reusing single-use dental tools from Sept. 15, 2016, to Sept. 15, 2019, and exposing Plaintiffs to numerous infectious diseases, including without limitation Hepatitis B, Hepatitis C, and Human Immunodeficiency Virus or HIV."
Earlier this year, the state fined Nabers $11,000 and placed him on a two-year probation for improperly sterilizing tools and forging certificates.
Nabers has offices on South Gay Street in downtown Knoxville and Thunderhead Road in southwest Knox County.
Both of his practices did not use the proper sterilization procedures for multiple tools, according to the state. They also reused disposable burs which are often used to grind away tooth tissue, usually enamel.
Nabers allowed dental hygienists to practice outside of their qualifications, according to a disciplinary order from the state department. The state said he let them provide comprehensive examinations, diagnoses and treatment planning without consulting him.
The Tennessee Department of Health provided a copy of recommendations they sent to Nabers in September 2019, which said there was a "very small chance" people could have been exposed to bloodborne pathogens because of improperly sterilized dental tools.
The recommendation provided a sample of a letter Nabers sent to patients, which recommended people who went to his dental offices on South Gay Street or Thunderhead Road between Sept. 15, 2016, and Sept. 15, 2019, to get tested for HIV, hepatitis C or B through a lab, primary care provider or the Knox County Health Department.
"All of us at Buzz Nabers Restorative/Cosmetic Dentistry understand that this may be alarming. We want to assure you that we will assist you in every way possible," the letter read.
The letters were sent to patients in December 2019 notifying them of the improper sterilization but Witt, who filed the suit, has yet to receive a letter, according to the suit.
In the complaint, it states the patients face emotional trauma, medical expenses, and other injuries and damages that they have and will suffer as a result of Buzz Nabers Dental Studio's negligent acts.
The lawsuit seeks $50 million and demands a jury trial.