The state of Texas is not done with Dr. Richard Malouf–Orthodontics Fraud King of Texas - and his All Smiles Dental Centers

 

 

FOR IMMEDIATE RELEASE
Contact: Brandy Dietz
bdietz@waterskraus.com
800.226.9880

Waters & Kraus Client Takes on Dental Medicaid Fraud in Texas

Texas AG Joins Whistleblower Lawsuit Against Dallas Dentist and Dental Clinics
DALLAS — July 9, 2012 — Dallas-based law firm Waters & Kraus, LLP announces that Dr. Christine Ellis has sued Dr. Richard Malouf and several All Smiles clinics, alleging violations of the Texas Medicaid Fraud Prevention Act.
Dr. Ellis is represented by Waters & Kraus and Jim Moriarty of Moriarty Leyendecker in Houston. Her lawsuit was recently joined by Texas Attorney General Greg Abbott.

"We at Waters & Kraus are proud to represent Dr. Ellis and to be a part of the fight against dental Medicaid fraud," said Waters & Kraus attorney Dan Hargrove. "Whistleblowers like Dr. Ellis represent our best chance to fight serious fraud that drains the public funds and puts important services at risk."

After serving as an auditor for the Office of Inspector General of the Texas Medicaid Program, Dr. Ellis became concerned about dental fraud she had uncovered. When she spoke before the U.S. House Oversight and Government Reform Subcommittee in April, Dr. Ellis testified to a “flagrancy of fraud that is truly unbelievable." Shortly thereafter, Dr. Ellis filed her whistleblower lawsuit.

The lawsuit alleges that the defendants misrepresented to Medicaid the dental and orthodontic treatment they provided, causing Medicaid to overpay them by many millions of dollars. They allegedly submitted claims for services that were not actually provided or were poorly performed, billed for services that were not medically necessary or were more expensive than those actually provided, and unlawfully recruited patients or paid kickbacks to those who did.

Jim Moriarty, of Moriarty Leyendecker, said, “The courage of Dr. Ellis has shown in reporting these allegations deserves the attention and respect of anyone who cares about public health and the responsible stewardship of taxpayers’ funds. We’re honored to work with Waters & Kraus and Dr. Ellis on this important case.”
If the lawsuit is successful, Dr. Ellis will be entitled to 15 to 25 percent of the recovery, in addition to her costs and attorneys' fees. Whistleblower awards encourage people who know about fraud to come forward. The government relies on citizens like Dr. Ellis to identify and fight fraud.

About Waters & Kraus
Waters & Kraus is a national firm with highly skilled lawyers practicing qui tam whistleblower litigation as well as complex civil litigation in four offices, including Dallas, Los Angeles, San Francisco, and Baltimore. Our attorneys have decades of experience successfully representing whistleblowers in a variety of fraud cases. Contact us or call our attorneys at 800.226.9880 to learn more about our practice and how we can assist.

About Moriarty Leyendecker
Houston-based Moriarty Leyendecker has represented thousands of consumers in cases involving allegations of healthcare fraud, consumer defects, and securities fraud during the past 20 years.

Brandy C. Dietz | Public Relations Coordinator
3219 McKinney Avenue | Dallas, TX 75204
Toll Free 800-226-9880 | Phone 214-357-6244 | Fax 214-357-7252
www.waterskraus.com

Dr. Edward Dove - Bakersfield Dentist gets high-profile attention

If your child was hurt, injured, over treated or mistreated by Dr. Edward Dove, Email Me for more information about this dentist.

High-profile attorney enters fray over controversial dentist
BY KELLIE SCHMITT Californian staff writer
kschmitt@bakersfield.com | Saturday, Dec 03 2011 09:00 PM

Photo details at end of article

As the California Dental Board investigates claims that a Bakersfield dentist mistreated his young patients, some families are seeking representation from a high-profile Colorado attorney.

In August, dozens of local parents formed a Facebook group alleging Dr. Edward Dove improperly cared for their children, including scratching and hitting them while they were not sufficiently numb and restrained with Velcro straps.

This week, a representative from Dove's office said the dentist had no comment, and that office staff had been instructed not to discuss the matter, either. In a previous interview, Dove, who currently has a clean disciplinary record, told The Californian that he gave excellent care and that the parents were inventing the allegations.

Attorney Jim Moriarty, who said he's ready to sign with the parents, has been involved in several national healthcare matters -- including a case against Tenet Healthcare for unnecessary heart procedures at a Redding facility. That case that resulted in a $430 million settlement for the plaintiffs and a $24 million payout to the government.

More recently, Moriarty is representing hundreds of plaintiffs in a case unrelated to Dove against Small Smiles dental centers, a chain of clinics that serves low-income families throughout the nation.  (Moriarty contract information in the right had column-Jim Moriarty)

Moriarty alleges the chain makes money "by exploiting the Medicaid system," and doing unnecessary procedures that "traumatize" children. In that case, Moriarty has investigated what he describes as routine over-treatment and extremely fast care that "can't be done without emotionally and physically traumatizing children."

Moriarty, who met with some Bakersfield parents in October, said he was drawn to the local case in part because of its extraordinary mobilization effort. Parent Chris Cook, who was angry about his son's care, created a Facebook site that ultimately attracted hundreds of fellow parents, supporters and observers. The site drew patients from both Dove's Bakersfield and Chatsworth offices, who did not know each other previously.

"What Cook and these parents have done is sheer brilliance," Moriarty said. "They've done more to shine the light on this issue than any other parents in the country."

Moriarty-Leyendecker: Spotlight on Small Smiles

 

Spotlight on: Small Smiles

In 1967, Small Smiles was one of the first clinics in the nation to extend dental services to Medicaid patients - a generous and welcome gesture, since Medicaid paid far less than insurance or out-of-pocket payments for dental procedures.

By 2010, Small Smiles was churning through patients at the impossible rate of one every ten minutes. The company's dentists strapped children as young as two into a straitjacket-like device to perform dental procedures. Parents are no longer permitted in the waiting rooms and cannot watch their children as they go through multiple fillings or even intense dental surgery.

Worst of all, the procedures being performed are frequently not medically necessary.

How did this happen? How did such unethical methods spring out of a community-serving dental practice generously willing to take Medicaid patients at a time when few dentists were? Where did it all go wrong?

The answer lies in the owner. Who, it turns out, is remarkably difficult to locate.

Read the full article here
Recently filed lawsuits against Small Smiles Dental brings media attention

Read all the other Small Smiles Articles at Moriarty.com

 

Related:

Should dentists use restraints on kids?
Syracuse area families sue Small Smiles dental clinic for mistreatment of children

Pleading filed in lawsuits against Small Smiles Dentistry in New York reveal corporate greed of unimaginable proportions.

 

Out of the 234 paragraphs in the 51 page Syracuse in Complaint against the FORBA/CSHM/Syracuse Small Smiles Dental Center I think paragraph 234 is one of my top favorites  It just might be my all time favorite paragraph ever!  It reads like this:

As to all causes of action, defendants’ conduct described
above was gross, wanton, reckless, outrageous and malicious, was
actuated by evil and reprehensible motives sufficient to transcend the
bounds of societal norms and involved a high degree of moral culpability such that punitive damages should be awarded by the jury.

There are Seven Actions (Counts) against FORBA and all the named defendants  I started to insert the word “alleged” but I know these slithering slim balls too well to give any illusion they might not be liable and guilty as charged.  The Seven Deadly sins for these folks are:

1. Fraud
2. Battery
3. Breach of Fiduciary Duty
4. Breach of General Business Law sections 349-350
5. Malpractice
6. Negligence
7. Informed Consent

Syracuse Complaint

Schnectady Albany Complaint

No doubt the folks at King and Spalding are busy little bees this week, but it’s not like they have known it was coming.  Heck they’ve known for months, just wasn’t sure what kind of story would be told.

What about the new “staff attorney” snookered into joining Church Street Health Management this week, Erika Ruiz.  Geez, what a week to join a new company.  Wonder how far she is willing to take it to the mat for these thugs.

Alfred Green, Michael Lindley,  Rodney Cawood, Brad Gardner, Todd Cruse, you know they have to be loving another round of legal battles, OK, well not them exactly but I bet their attorney are loving it!  Woo Hooo…  Bonuses for everyone this year at the many many many firms they have on the payroll. 

Wonder how the Bahrainian banker is doing?  Not that I give a crap.  I know one thing, I hope the rebels (whoever the heck they are), in Bahrain see what this asshole allows and encourages to be done to children.  At the “beheading” I want a front row seat.

Let’s send all these barbarian dentists and corporate “fat cats” over to Bahrain and let them try this kind of torture on the children in Bahrain!  Hell, we are paying for it anyway.

You know, I’m really beginning to dislike the letter combo “ba” Bahrain, Barbarian, Barack.

Mom Tells Of Recent Kool Smiles Experience In Massachusetts

A mom writes about her experience with Kool Smiles in Massachusetts.  This incident happened the week of July 26, 2010.  If you would like to read this and the numerous comments and other experiences, click here.

If your child has been injured from dental treatment such as almost happened to Kelly, contact Moriarty-Leyendecker here.

I took my kids to the dentist and I am in shock!  My kids have state insurance so I can only go to a few dentists that take Mass Heath. 

So we went to Kool Smiles.  I am ON my kids with brushing and flossing, they eat very little sugar and their teeth look pretty good.  My oldest had 2 spots that looked like they might be little cavities starting. But sadly I was not surprised cus the antiviral meds she has been on for 5 yrs has "stripping enamel of teeth" listed as the 2nd common side effect.

Well guess what?? Kool Smiles said my oldest needs 4 fillings, 2 root canals, and five crowns and my 4 yr old they said needed 3 fillings and 4 crowns!  WTH??????? On baby teeth! They are just trying to rob state insurance by doing procedures that do not need to be done.

So, I called my dentist (who does not take Masshealth) and they said they would give me a 2nd opinion for $30.  I am taking the girls in Wednesday.  But, my dentist was appalled!  He said he has never done a crown on a baby tooth and root canals on baby teeth are usually only for extreme cases! 

I am so pissed! If I can prove my kids do not really need all this dental work done i will be reporting Kool Smiles!

GRRR....Okay vent over! LOL!

UPDATE:

So we went to my dentist today.  And the verdict is-        Kool Smiles SUCKS! I already knew that though! LOL!

So, Caitlin does have some bad cavities but NOTHING like Kool Smiles said.  She has 2 small cavities on the top that should be filled and she does have 2 bad cavities on the bottom that if they were permanent teeth would need root canals.  But, since they will fall out in less than 2 year it makes more sense to have them taken out and have spacers put in.  Because the cavity is deep it could cause damage to the permanent teeth underneath if not removed.  They are her 1st set of molars and should not cause any movement in her other teeth by being taken out.

The dentist said her teeth had no plaque on them her gums look great and her permanent molors that have came halfway in looked great.  So, she said it was probably the meds that caused these cavities and if we keep doing what we are doing her teeth should be good.

And the best part is she told me about a great private dentist who takes Masshealth.  When I called them they were not taking new patients, but my dentist called them and they are gonna see both my girls!

So, to summarize we went from Kool Smiles saying she needed 4 fillings, 2 root canals, and 5 crowns to my dentist saying she needed 2 fillings and 2 teeth out! Big freakin jump! huh?

And I called Masshealth and reported the abuse and they  and now have to send someone out to investigate.  And they are sending me papers to file a formal complaint.  And I am calling my local news station ( I have several connections there) and am going to try to get them to do an investigative report.  My dentist said they see this often from Kool Smiles or Small Smiles and on a regular basis from there group.  These kid dentist mills HAVE to be stopped!

Thanks for all the support girls!  I am So glad I got my happy ending!

Moriarty-Leyendecker Stepping Up To Fight For The Children Harmed

Warriors have arrived to take on FORBA and its Small Smiles chain of dental clinics in the form of the law firm Moriarty-Leyendecker . (Jim and Kevin respectively)

I couldn’t be more thankful!! It’s about time there is justice for the children who had to endure the paid from these dental mills.

As we know the states got their reimbursement for the fraudulent billing of FORBA’s Small Smiles dental clinics as did the Fed’s in the $24 million dollar settlement. (I’m thinking it probably cost more than $24 mil to do the 2+ year investigation)

So far, not one child has been compensated for the horrific mental and emotional damage, imagine the humiliation these children have suffered. Nor have they been compensated for the physical damage that may take years to repair, if it can be repaired at all. Much of the damage done will last a lifetime for these children, and there could be up to 300,000 or more of these injured children.

What about the damage done to the trust these children have in their parents to protect them from harm. Will these children ever trust their parents again? What about teachers, policeman and others of authority? At minimum these abused children will find it harder to form long lasting and loving bonds as a matter of course.

It’s likely the child’s brain development has been impaired and certainly interrupted and redirected. The way these children were abused and treated has changed who they were supposed to be, forever! This is undeniable.

__________________________

Jim Moriarty and his partners are no strangers to medicine gone wild. That’s why I’m so elated to see they are standing up and stepping in.

In 1994 Jim Moriarty took on National Medical Enterprises (NME), later known as Tenet Healthcare. This sleaze ball company was, and I quote from the book Coronary: A True Story Of Medicine Gone Awry:

“deceiving parents into allowing their children to be imprisoned in mental institutions where at best they were warehoused and at worst they were subjected to alleged therapies that resembled torture more than treatment”

Sound familiar?

I encourage you to read the excerpt from Coronary: A True Story Of Medicine Gone Awry, by by Stephen Klaidman here.

As with FORBA, NME signed a Corporate Integrity Agreement with the Feds. When the federal fraud case was over NME thought the coast was clear. They were wrong!

Enter Jim Moriarty and “a pack of ex-patients and personal-injury lawyers” Jim is described as, and I again I quote:

“a motormouthed forty-eight-year-old former Marine door gunner in Vietnam. ” (he’s a bit older now, I’m sure)

“Moriarty is not necessarily someone you would like to have on your tail. When he focuses on something — it could be anything from a big, consolidated lawsuit to racing his hopped-up go-cart at 120 miles an hour — it is with the tenacity of a junkyard dog. ”

Jim ran into Tenet Healthcare again when one of it’s hospitals in Redding, California had an usually high rate of heart bypass surgeries. Jim was a bit disappointed the case didn’t go to trial so the story would be told. By settling with the 750 patients for $395 million dollars, Tenent kept the nasty truth off the front page. You can read about this outrageous health care scam online by clicking here: Money Driven Medicine, by Maggie Mahar.

Jim Moriarty and Moriarty-Leyendecker want to hear from you.

Please, contact Jim, Kevin and the crew, tell them your story.

Contact Moriarty-Leyendecker here.

***(BTW, no top management in the NME case went to jail, but others certainly did, something you dentists, hygienists and assistants who work for FORBA and Small Smiles should give a whole lot of thought to-like who is going feed your family when you’re in the clinker? FORBA bobble heads will through you under the bus in a New York minute!)***