IN THE U.S. DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
LLC; FORBA SERVICES, INC.;
SMALL SMILES HOLDING
COMPANY, LLC; SMALL
SMILES OF TOLEDO
LLC; JOHN/JANE DOES 1
THROUGH 75 (Identities and
A class action suit was filed January 25, 2010.
Here are a few excerpts of the Complaint:
1. This case arises out of Defendants’ nationwide conspiracy to perform medically
unnecessary dental procedures and use unnecessary or excessive nitrous oxide sedation and physical restraints upon children at their pediatric dental clinics located in at least 23 states, in order to defraud their parents/guardians and third party payors, and obtain additional compensation.
2. Through this action, Plaintiff and others similarly situated seek recovery for damages
stemming from said conspiracy and fraud, including, but not limited to, medical expenses, pain
and suffering, severe emotional distress, trauma and psychological injuries.
....Plaintiff further proposes the following subclass:
Any child and/or the parent/guardian of any child who resided in the State of Ohio and received medically unnecessary or excessive treatment, x-rays, sedation and/or restraints at any of Defendant’s Ohio clinics.
....As to this subclass, Plaintiff asserts Ohio state law claims, including, but not limited to,
claims for fraud, Ohio RICO, assault and battery, intentional and/or negligent infliction of
emotional distress, violations of Ohio’s Consumer Sales Practices Act, loss of consortium and
...There are common questions of law and fact in the action that relate to and affect the rights of each Class member, and include, but are not limited to:
a. Whether Defendants issued and enforced through their nationwide clinics
guidelines, policies, procedures, practices and “billing production goals” that
were specifically designed to defraud their minor patients’ unsuspecting
parents/guardians and third party payors by performing medically unnecessary
and painful dental procedures and/or x-rays upon the children, including, but not
necessarily limited to, pulpotomies (baby root canals), extractions, filings,
crowns, and improperly, unnecessarily or excessively using nitrous oxide sedation,
physical restraints and/or behavior management techniques on the children during
surgery in order to obtain additional compensation.
For example, upon information and belief, during their training in Pueblo, Colorado,
employees of the nationwide clinics, including, but not limited to, employees of Defendant Small
Smiles of Toledo, LLC, were taught Defendants’ policy called, “conversion.” “Conversion” was
a term used by Defendants to describe their attempt to convert their routine care Medicaid eligible patients to patients receiving medically unnecessary procedures beyond routine checkups
and cleanings. Specifically, employees were taught that it was Defendants’ policy to
“convert” all child patients requiring simple cleanings and check-ups into child patients requiring
extensive and more expensive additional procedures, such as pulpotomies, the dental process of
removing pulp from the pulp chambers of the teeth, and the implant of steel crowns.
Defendants’ employees were taught and in fact performed pulpotomies, and then placed steel
crowns over the teeth instead of installing simple fillings, which is the usual procedure, in order
to obtain additional and more expensive grounds to bill the patients’ parent/guardians and third
You can read the Complaint in it's entirety here: Class Action Against FORBA /Small Smiles