Small Smiles Dental Centers’ last ditch effort to avoid trial has FAILED

After 2 years or more of stall tactics by attorney’s representing Small Smiles Dental Center defendants, the New York trials are set to begin in three weeks!  Yes, you heard me, three, count’em 1… 2,…3… weeks!  Yahoo!  Jury selection set to begin September 9, 2013.

Tuesday (August 14, 2013) the  court ruled against Small Smiles and defendants and their plea for a Summary Judgment — essentially telling the old boys to buckle-up, quit whining, they have you by the balls, be ready for trial or start writing checks. Small Smiles Dental Centers’ former dentists (17 in total) and that nasty DeRose crew in Colorado are in for a very bumpy ride. 

Small Smiles Dental Centers NY Malpractice Defendants are:

Companies	Individuals
FORBA Holdings, LLC	Dan E. DeRose
n/k/a Church Street Health Management, LLC	Michael A. DeRose
FORBA NY, LLC	Edward J. DeRose
FORBA, LLC n/k/a LICSAC, NY, LLC	Adolph Padula
DD Marketing, Inc.	William A. Mueller
DeRose Management, LLC	Michael Roumph
Small Smiles Dentistry of Albany, LLC	Maziar Izadi, DDS
Albany Access Dentistry, PLLC	Laura Kroner, DDS
Small Smiles Dentistry of Syracuse, LLC	Judith Mori, DDS
	Lissett Bernal, DDS
	Edmise Forstal, DDS
	Evan Goldstein, DDS
	Keerthi Golla, DDS
	Nassef Lancen, DDS
	Wadia Hanna, DDS
	Koury Bonds, DDS
	Tarek Elsafty, DDS
	Dimitri Filostrat, DDS
	Yaqobb Khan, DDS
	Delia Morales, DDS
	Janine Randazzo, DDS
	Loc Vin Nuu, DDS
	Grace Yaghmai, DDS
	and others

 

These sweet children were hurt and abused and forevermore changed from as far back as 2006, and it’s finally making it to trial!  So, as a warning to all you dentists still employed there, don’t think your ass is out of a bind when you quit; cause it “ain’t”.  Not by a long shot!

Some of the dentists say the used their best medical judgment to provide dental care to the children suing them, but evidence indicates that isn’t even close.  In fact, it’s laughable! Evidence provided showed Koury Bonds, DDS and the others violated the “relevant standard on care” on several issues. 

According to the ruling, there is plenty of evidence these dentists prepared and recommend treatment without clinical justification and performed substandard care. 

They unnecessarily restrained children in papoose boards; extracted teeth that without clinical justification; failed to use local anesthetics, filled teeth that didn’t need to be filled; altering records; performing unnecessary baby root canals;(remember that $35 million dollar award a few weeks ago over unnecessary root canals?) failed to obtain proper informed consent for treatment from parents; just to name a few.  These guys knowingly and purposefully used informed consent forms that they knew did not meet the standards or guidelines of the American Academy of Pediatric Dentistry (AAPD).

Now, haven’t I been screaming this as loud as I can for some 6 years now.  Everything I’ve uncovered and reported here about this horrible place is being proven to be the truth, and it looks like it’s going to be told in front of a jury, pretty damn quickly.

In the ruling the Judge states, “There…is ample evidence from which a jury could concluded that the defendants perpetuated a fraud on the plaintiff by treatment him and other Small Smiles patients not to meet his medical needs but as a means to maximize profits for the dentists, corporations and Individual Defendants.” (the DeRose crew)

More excerpts from the ruling:

“Email correspondence… demonstrates the overriding emphasis on profits.”  One such email between Michael Roumph and the lead dentists in the Albany NY clinic states “[p]roduction per patient needs to improve.” 

Bids for Small Smiles centers in by May 4, 2012, auction set for May 11, 2012, hearing for court to approve sale (if any) on May 22, 2012–trying to settle malpractice cases in the mean time.

Here is the latest filings in the bankruptcy case.
I think these so called Management Service Agreements these corporations claim they have with fake owners dentists like the Small Smiles clinics should also be used in other places to skirt laws and social practices.

What’s your thoughts?

Maybe they should replace marriage licenses. What about drivers license? I just manage the car, take care of the upkeep, fuel, taxes, etc.

Even in Church Street Health Managements latest filings on Tuesday of this week, they still contend they don’t own them, just manage them. I beg to differ.

Related:
Small Smiles Owner Doctors - A. Smith
Small Smiles ownership program – A. Smith
Fraud at Small Smiles? – The employees say yes.

After what you’ve just heard, don’t you everyone who has filed all the legal document, that are subject to perjury needs some serious jail time for each offense.

Michael G. Lindley, Al J. Smith, Brad Gardner, Rodney Cawood and Mike McCulla of Church Street Health Management/Small Smiles Dental Centers have let children die on their watch before it appears

A Pattern of abusing children for profit going back to the 1980's. 

Chad Youth Center deaths in 2007
Former Chad Employee Speaks Out
Quote from Tennessee Hall of Shame
Death ruled a homicide at youth center

Chad administrator McDuffie assured DHS that Chad was a "nurturing and positive environment." He said the facility had hired more staff and made children's safety a priority. The former owners of Chad also said it was a safe and therapeutic place for children when they handed over the keys to Universal Health in October 2005. "Our goal was to effect treatment in as nonphysical a way as possible," former chief executive officer Michael G. Lindley said. Al Smith, another former top executive with Chad's former owner, said: "Did untoward events happen? Absolutely. But was it a culture? I don't believe so."

DHS staffer Haiying Xi reported, a youngster had been cut on the chin in a restraint, requiring stitches. Chad had not reported this to regulators, DHS learned. Finally, DHS official Stephen Rosenberg wrote to Chad. "The investigation could not determine any pattern for the use of illegal physical restraints," Rosenberg wrote.  But children died.

Above Neil Campbell and Michael Lindley (right) pictured at NAPHS in 2003

Michael Lindley still referred to being employed with Keys Group in 2007 and 2008 & US v Keystone Education and Youth Services

US v Keystone et al accused the M. Lindley and Al Smith group of characters of restraining children, and more Medicaid Fraud.  Appears to be a lifestyle for these folks.
US v Keystone Education and Youth Services; Keystone Marion, LLC; Universal Health Services,
Currently a Subsidiary of Universal Health Services (UHS), UHS was not named as a defendant in all the allegations of the suit, because; “UHS indirectly acquired the other two defendants in or around October 2005; accordingly, UHS is not included in “Defendant” for allegations to the extent that they are related to the events occurring prior to that time.” (page 3, paragraph 10)
UHS acquired the group of Keys companies in October 2005, from Michael Lindley (“Lindley”), Marty Weber, Ameris Healthcare Investments, LLC, Rainer Twiford, Al Smith (“Smith”), Mike White, Rodney Cawood (“Cawood”), Buddy Turner, Jeff Cross, Gail Debiec, Brad Gardner, Brad Williams, Don Wert, Rob Minor, Mike McCulla, Jim Shaheen, Rod Gaeta.  See purchase agreement here.
If the jokers actually “sold” the company,  I can’t imagine why Michael Lindley would contribute to Alexander for Sentate in 2008, twice saying his occupation was Keys Group Holdings.  One contribution was April 19, 2007 for $2300 and again February 27, 2008 for another $2300.  My guess it was really “recapitalization of income” instead of a sale.
Just as in the Small Smiles Dental Centers scam, Keystone’s facilities.. “With only a few exceptions, Defendant restricted admission to the Youth Center to patients who would qualify for reimbursement of the medical costs under the Medicaid program”  (page 3, paragraph 13)
Related:
Federal, state prosecutors join suit against Keystone Marion Youth Center- March 5, 2010

Justice Department asked to investigate Chad Youth Enhancement Center – January 29, 2008

Nashville Scene “Handle With Care” expose’ by Elizabeth Ulrich- November 8, 2007 (the same week the story of the Small Smiles Dental Centers operated by Michael Lindley, Al Smith and others was announced.  That must have been a bad week for them.

Bad Medicine –December 13, 2007- A Nashville youth facility is a nightmare for kids, staffers say, but the state’s licensing body sees no cause for concern, by Elizabeth Ulrich.

Excerpt: ”Checo Perryman, a former counselor at the facility who now runs his own business that teaches an alternative method to Handle With Care, says it was so common for Hermitage boys to smack their chins on the floor during restraints that the facility’s staff named the bloody scabs on the boys’ busted chins. They called it the “Hermitage Hall tattoo.
“What happened behind those walls was very scary and very sad,” he says. But not all restraints end in injury. For some residents, restraint leads to a drug-induced haze that eventually lulls them to sleep—or, as some in the mental health world refer to it, chemical restraint, quite simply because the drugs can be used to restrict residents deemed out of control.
Among incident reports in the DMHDD files, there is tale after tale of restraints that end in some sort of injection. Some of the medications are listed by name—Abilify or Zyprexa, drugs that are used to treat schizophrenia and severe mood disorders. In most of the records, staffers refer to injections with a simple, generic term: PRN, short for a Latin phrase meaning to give drugs as needed.
Davis says that, for Hermitage Hall residents, those unidentified PRN shots usually mean a syringe full of Thorazine—one of the most powerful antipsychotic drugs, which critics liken to a chemical straitjacket.
Even though Hermitage Hall doesn’t always include the name of the drugs administered under the PRN umbrella, Robinson-Coffee says the injections aren’t cause for concern. She says her department could check any of the estimated 100 patient records at Hermitage where “all that stuff is documented.”

Guess who operates Hermitage Hall.