This pretty much covers where the settlement is today.
Showing posts with label Small Smiles. Show all posts
Showing posts with label Small Smiles. Show all posts
Tuesday, June 09, 2015
Monday, June 01, 2015
2004 Cease and Desist Letter from Colorado Dental Board: Michael A. DeRose, Eddie DeRose, William (Bill) Mueller
I've heard the Michael DeRose out there in Pueblo under oath say he did not "train" dentists. They were simply there to "observe" for a few days. Yet, here is the 2007 C & D letter from the Colorado dental board where he admits the dentists performed general dentistry and it was the program offered by his father, Eddie DeRose and William Mueller as well as himself.
Thursday, May 14, 2015
Report on Indiana dentist Shadrach Gonqueh may have missed the real story
Below is a story from WISHTV.com about yet another overtreating, Medicaid defrauding crooked dentist published May 12, 2015. In the story they mention the 2014 OIG Report about 95 dentists with “Questionable” billing. That’s where the real story lies. Why do I say that, you ask? Well, out of those 95 dentists 28 work for Kool Smiles clinics, owned by FFL Partners, 13 work at clinics that were formerly named Small Smiles, also owned by private equity investors, and 10 work for Reachout Healthcare America’s “Smile Care” mobile clinics that tend to visit schools. The list of dentists is at the end of this post.
Indiana dentists accused of overtreating patients, overbilling Medicaid
May 12, 2015
INDIANAPOLIS (WISH) – Kyong Farnsley feared she had cavities in her teeth.
She hadn’t been to the dentist in a while.
So in August 2012 when she walked into Amazing Family Dental in Indianapolis, she says she expected to have an initial exam and a treatment plan set up.
Farnsley says she walked out with half her teeth.
“(The dentist) proceeded to do the exam and told me I had an infection in my mouth and that some of my teeth were infected. He would need to pull them,” Farnsley told I-Team 8. “He said the infection was so bad that if I didn’t have (my teeth) pulled out, I could walk out and have a heart attack and die. I had never heard that before.”
Fearing for her health, Farnsley said she gave consent for Dr. Shadrach Gonqueh to perform the procedure. A copy of her dental records, obtained by I-Team 8, show 15 of her teeth were extracted.
“If he says it’s that severe and I’m going to die, I am going to trust him. I have two small boys at home. I can’t leave them. I am a single mom at that time; I can’t leave them,” she said.
Afterward, Farnlsey said she was given pain medication but no antibiotics. She left, she says, thinking she would eventually receive dentures. As weeks went by, she sought a second opinion from a new dentist who she says told her the procedure she endured was unnecessary.
Farnsley’s story is not unique. She is currently one of five former patients suing Dr. Gonqueh. Another lawsuit representing three former patients claims Dr. Gonqueh made them “believe that they were in imminent danger and needed to immediately have all their teeth pulled … or risk death by suffering a heart attack,” according to the lawsuit.
An I-Team 8 investigation found allegations of “dental overtreatment” or unnecessary work is not uncommon. In fact, it makes up nearly a third of the 44 active licensing complaints against Indiana dentists, according to Indiana Attorney General Greg Zoeller’s office.
In March, Zoeller’s office filed a licensing complaint against Dr. Gonqueh, accusing him of engaging in fraud by overbilling and receiving more than $27,000 in reimbursements for procedures performed on 158 patients.
“The Board of Dentistry is expected to consider this complaint at its hearing on June 5. At that time, the board will act as jury and judge to determine what, if any, disciplinary action will be taken against the license holder,” Molly Johnson, a spokeswoman for Zoeller’s office, wrote in an email to I-Team 8.
DENTIST REACTS
I-Team 8 spoke to Dr. Gonqueh by phone at his Raymond Street office, where he is still practicing. After a reporter identified himself and informed Gonqueh that he was recording the conversation for his news report, Gonqueh declined to answer questions, but did say:
“This story is nothing new,” Gonqueh said. “And I will refer you to my attorney for any further comments. I think you are looking for something where there is nothing.”
Gonqueh’s attorney, Peter Pogue, provided a statement that read:
“Amazing Family Dental, and its dentist, is aware of the recent filings by a few patients and the Attorney General’s Office. These claims arise out of treatment from several years ago. Amazing Family Dental and its dentist is vigorously defending each of these claims as they proceed through the appropriate legal venue, and Amazing Family Dental and its dentist intend to avail itself of all appropriate legal defenses. Amazing Family Dental and its dentist maintain that the treatment of each patient is medically appropriate and within the appropriate standard of care, and Amazing Family Dental and its dentist look forward to the opportunity to present the defense to these claims at the appropriate time and in the appropriate forum. Beyond that, Amazing Family Dental and its dentist do not feel that it is appropriate to comment on pending legal matters.”
(Editor’s note: In the days leading up to this story, I-Team 8 received repeated phone calls from another lawyer, Steve Eslinger of South Bend, who claims to also represent Gonqueh.)
Eslinger’s statement said in part that “expert witnesses” contend that Dr. Gonqueh did nothing wrong.
INSPECTOR GENERAL FINDS ‘QUESTIONABLE BILLING’
Last November, the Office of Inspector General from the U.S. Department of Health and Human Services issued a report on pediatric dentistry in Indiana that found “questionable billing practices” among 95 dentists in the state.
Friday, January 09, 2015
Dental billing fraud is more common than you think
Everybody knows going to the dentist is important, yet half of American adults skip out on regular dental care.
Some avoid dentistry out of fear of pain or sheer busyness, but a large portion of Americans can’t afford it without financial assistance.
Unfortunately, it’s Americans on government assistance programs for dental care who are being taken advantage of. Worse, their children are suffering for it.
It started as a solution
Many low-income children don’t receive dental care until they’re brought to the emergency room with a toothache, simply because their parents can’t afford it. Nearly half of American children are on some form of government-funded health insurance, either Medicaid or the Children’s Health Insurance Program (CHIP).
…As a result, corporate dental chains started accepting Medicaid and CHIP, and even opening new offices specializing in Medicaid…
…most of the charges were coming from one dental chain, Kool Smiles, and that the x-rays didn’t justify their treatments. Kool Smiles was investigated, and state officials found that the crowns were not only unnecessary but that the dental work was shoddy….
…Kool Smiles isn’t the only dental chain implicated by government officials in fraudulent billing practices. Dental chain Small Smiles settled with the United States in 2010 for $24 million to resolve allegations of fraudulent charges. In April 2014, the company that owns Small Smiles, CSHM, Inc., was excluded from participating in federal health care programs like Medicaid for five years…
What the story fails to mention:
Small Smiles/CSHM is still operating Small Smiles clinics. They are simply using a different corporate name—First Quality Management, Inc. Many of the original corporate level employees still in place. Some clinics are under the control of Hero Management who operates Adventure Dental and Vision and others have been taken over by Sarrell Dental based in Alabama.
Tuesday, September 30, 2014
It’s September 30, 2014
Today is the deadline for CSHM to have divested in all of the Small Smiles clinics. Have they? Have the simply rebranded?
I don’t know.
Monday, September 15, 2014
Small Smiles Dental Centers: Countdown to Exclusion is Business as Usual
As the days count down to CSHM Exclusion from Medicaid becomes effective on September 30, 2014 I’m getting more and more reports that “lead” dentists of the individual Small Smiles clinics are “purchasing” their respective clinics. (Colorado clinics, New Mexico clinics and Indiana clinics just to name a few that have been reported.)
Since January 2010 the clinics have been visited by monitors and care continued decline to the point they were Excluded from Medicaid participation as of September 30. Several reports from monitors found care unacceptable as dentists and staff continued to deliver substandard care as reported in the bipartisan Senate Report.
How can leaving same dentists in place improve the situation?
It is more than highly likely dentists who have been delivering the unacceptable care and treatment for years will continue with business as usual and children are still at great risk and taxpayers will continue to be fleeced.
The risk may be greater than ever.
Anyone think care will be better?
The dentists and clinic operations may not have the watchful eye of the government monitors or be bound by any Corporate Integrity Agreement with HHS-OIG. That Agreement was made with CSHM, the management company of the Small Smiles dental centers. (another pitfall of corporate owned dentistry)
Tuesday, September 02, 2014
CSHM still up and running, business as usual
Linda Zoeller at CSHM in Nashville still has a job and still filing questionable legal documents for Small Smiles, now known as (file in the blank) Youth Dentistry.
This was filed just today in Colorado.
Sunday, August 03, 2014
Another Squabble with CSHM, Small Smiles Dental Centers and Owner Dentists—Small Smiles Reno—Who is extorting who?
I seldom tire of the spin found in legal pleading between owner dentists the illegal dental management companies such as CSHM but honestly it’s getting old.
Now that Dr. Jodi Kuhn purchased her clinics again and seems to have continued with business as usual in Colorado. Another turd has been thrown in the CSHM punchbowl by “owner dentist” Dr. James Mann in Reno, Nevada. Dr. Mann was hired in October 2, 2006 and I’m positive he can be located as an employee of one of CSHM entities if someone looked.
Dr. Mann filed suit against CSHM in May 2014. The case was filed in Second Judicial District Court of the State of Nevada-Washoe County. In like fashion, CSHM has filed a Complaint against Dr. Mann and Small Smiles Reno and asked for a Temporary Restraining Order. This was filed filed in Davidson County Tennessee Court on July 22, 2014.
In Dr. Mann’s lawsuit he claims he owns the Small Smiles clinic and is suddenly—after just shy of 8 years of employment—”concerned that CSHM’s heavy-handed control of Small Smiles is violating Nevada’s laws and regulations.”
I find It laughable that Dr. Mann is just now “concerned”. The public and government agencies have been concerned since 2004! How does Dr. Mann explain this?
Mann claims despite all the name changes—FORBA, Church Street Health Management, CSHM, etc.— many of the same key employees have remained as has their illegal business practices. (Well, of course, thorn is a thorn by any other name.)
Mann says, “CHSM has continued Church Street’s practices” and “Indeed, many of the personnel associated with Church Street continued to work for CSHM”
He claims:
- Dictated the hours that Dr. Mann and Small Smiles should be open for business.
- Imposed pressure on Dr. Mann and Small Smiles to schedule more patients.
- Decided which equipment Dr. Mann could purchase for Small Smiles
- Insisted on certain dental procedures over others
- Set. Dr. Mann’s compensation.
Here is a statement that raises HUGE red flags and give me great concern:
Monday, July 14, 2014
No Action taken against “Creepy” jury stalker, Attorney Scott Greenspan.
Somehow Greenspan thinks “no action” being taken translates to “complete exoneration”. Stop laughing!
Syracuse, NY -- A Manhattan lawyer accused of stalking an Onondaga County jury on behalf of insurance giant AIG won't face discipline by a court system panel, according to the New York Law Journal.
State Supreme Court Justice Deborah Karalunas threw out the verdict in a lawsuit against Small Smiles in November 2013 after ruling that lawyer Scott Greenspan had prejudiced the jury. The jury found no wrongdoing against the now-defunct dentistry accused of malpractice it its office on South Geddes Street.
Karalunas had described Greenspan's actions as 'creepy' and 'seedy' in her Nov. 18 decision.
But Greenspan called the decision by the court's disciplinary committee a "complete exoneration," the law journal reported. Greenspan said the accusations turned his professional career upside down. He's now looking for a new job.
Related:
'Creepy' jury stalker hired by insurance giant AIG forces retrial in Syracuse dentistry malpractice case
Monday, June 09, 2014
Settlement reached between “owner dentist” Jodi Kuhn and CSHM/Small Smiles Dental Centers
What that settlement is remains unknown. Here is the latest entry on the court docket, dated June 3, 2014.
ORDER: The court has been notified that this case has settled. It is hereby ORDERED that a stipulation of dismissal or other settlement document shall be filed within thirty (30) days of the entry of this Order.
The preliminary injunction hearing set for June 5, 2014, and the initial case management conference set for June 6, 2011, are CANCELLED.
Thursday, April 17, 2014
How do the folks at Small Smiles-CSHM keep it all straight? A Rant.
How the people at CSHM keep it straight as to when they own the Small Smiles clinics and when they don’t is beyond me; since it always depends on who they are communicating as to whether they own them or not. Of course, the truth is they do own them, and Sen. Grassley’s report provided that evidence.
Church Street Health Management (CSHM) f/k/a FORBA had to divest in the Manassa, Virginia clinic in March of 2012. HHS-OIG sent them a Notice to Exclude. Here is the HHS-OIG agreement sent to Sheila Sawyer, General Counsel and Chief Administrative Officer of CSHM at the time.
On April 30, 2012, the sham owner of the Small Smiles of Manassas, Gillian Robinson-Warner supposedly signed a Termination Agreement with CSHM. The Termination Agreement states Small Smiles of Manassas, LLC, a Virginia limited liability company, “owns and operates a dental practice in a dental office at 9012 Mathis Avenue, Manassas, Virginia 20110”. Apparently the Manassas clinic was the worst of the worst of the Small Smiles clinics. However, all clinics have been under a Quality of Care Corporate Integrity Agreement since January 2010.
As the Manassas Termination Agreement reads one would assume Small Smiles of Manassas, LLC is a living breathing human-being. Gillian Robinson-Warner signed as President of Small Smiles of Manassas, LLC and agreed to pay CSHM $80,000 to CSHM if they would terminate the said MSA.
The very next day—May 1, 2012—two Motions were filed seeking the Bankruptcy Court’s approval to terminate the contracts.
Motions? Contracts? More than one, you ask?
Yes, there were two!
The same day the Manassas Motion was filed in Tennessee Bankruptcy Court, so was a Motion seeking the courts approval to terminate the Management Services Agreement between CSHM and the Pueblo clinic. The Pueblo clinic is the flagship clinic of the DeRose-Padula family; the ones who created this monster. Isn’t that odd? The Pueblo clinic agreed to pay CSHM $300,000 to terminate their imaginary agreement. Dr. Randall W. Ellis supposed signed as president of the Pueblo clinic.
We know, the Small Smiles of Manassas, LLC is just a shell corporation, like all the others; each clinic has its own LLC or PC designation. Each controlled and operated by the people at CSHM and backers. Those are facts that have been proven over and over.
Despite that being common knowledge; CSHM will tell you the grass is purple while you are standing there looking at it and know its green; maybe they have lived in the fantasy world of “we only provide support services to dentist owned dental clinics land” for so long, they believe their own BS.
It is understandable where all of this might lead to an identity crisis for anyone working at CSHM or any of their Small Smiles clinics; particularly troublesome for Linda Zoeller. She isn’t even sure of her title at the various, LLC’s or PC’s. Here are 4 different titles she gave herself at just one of the Indiana clinics. Stop laughing!
Reading over both Motions and Termination Agreements, I had to laugh out loud a couple of times. (Ok, I’ll be honest, it was more than a couple, and it was more like a couple in “I’ve only had a couple of drinks” kind of way.)
Besides all the stated facts in the document being anything but factual, I had to laugh at the language.
More than once “abundance of caution” was used. By my very favorite was “The Termination Agreement reflects the product of extensive arm’s length negotiations”. I’ll admit I blew coffee across the room when I read that one. I don’t know how a PC or LLC verbalizes its intent in negotiations; sign language?
Saturday, April 05, 2014
Thursday, April 03, 2014
CSHM and Small Smiles Dental Centers sign Exclusion Agreement
OIG Excludes Pediatric Dental Management Chain From Participation in Federal Health Care Programs
April 3, 2014
Related Information
CSHM, LLC, formerly known as FORBA Holdings and Church Street Health Management (CSHM), signed an Exclusion Agreement that bars CSHM from participating in Medicare, Medicaid, and all other Federal health care programs for a period of 5 years, Daniel R. Levinson, Inspector General of the U.S. Department of Health and Human Services, announced today. The exclusion is based on CSHM's alleged material breaches of its Corporate Integrity Agreement (CIA) with the Office of Inspector General (OIG). CSHM manages and operates the national chain of Small Smiles Dental Centers, which provides services primarily to children on Medicaid. CSHM's corporate predecessor entered into the CIA in 2010, as part of the resolution of a False Claims Act case involving allegations that the company had provided dental services to children on Medicaid that were medically unnecessary or failed to meet professionally recognized standards of care.
To minimize immediate disruption of care to the hundreds of thousands of children treated at CSHM clinics and to enable an orderly, controlled shutdown of the company or divestiture of its assets, the exclusion will be effective on September 30, 2014. CSHM waived its right to appeal this exclusion in any judicial forum.
"CSHM has committed repeated and flagrant violations of its obligations under the CIA—violations that put quality of care and young patients' health and safety at risk," said Inspector General Levinson. "This exclusion underscores our commitment to enforcing our integrity agreements designed to promote quality of care and protect patients in Federal health care programs." Mr. Levinson said that this exclusion "makes clear to the provider community that OIG closely monitors our CIAs, critically evaluates providers' representations and certifications, and will pursue exclusion actions against providers that fail to abide by their integrity agreement obligations."
On March 7, 2014, OIG issued a Notice of Exclusion to CSHM based upon numerous material breaches of its obligations under the CIA. CSHM failed to report serious quality-of-care reportable events, take corrective action, or make appropriate notifications of those events to the State dental boards as required by the CIA, OIG found. CSHM also failed to implement and maintain key quality-related policies and procedures, comply with internal quality and compliance review requirements, properly maintain a log of compliance disclosures, and perform training as required by the CIA. Finally, CSHM submitted a false certification from its Compliance Officer regarding its compliance with CIA obligations.
This exclusion marks the culmination of a series of alleged failures by CSHM and its corporate predecessors to comply with its CIA. Under the CIA, an independent quality monitor conducted more than 90 site visits and reviews to monitor CSHM's compliance. Since the 2010 settlement, OIG repeatedly cited CSHM and took actions to address those violations, promote improved compliance, and maintain access to care for an underserved population. These actions included imposing financial penalties and forcing the divestiture of one of the company's clinics.
Despite these actions, CSHM remained in material breach of its CIA and OIG issued Notices of Intent to Exclude to the company in December 2013 and January 2014. In such cases, providers have the opportunity to demonstrate to OIG that they have cured, or are in the process of curing, the material breaches. CSHM represented to OIG that it would cure the material breaches. However, through meetings with CSHM and its Board of Directors and review of its written submissions, OIG determined that CSHM had failed to cure the material breaches and proceeded with the exclusion.
Until the exclusion goes into effect on September 30, 2014, an independent monitor will continue to monitor the quality of care being provided to patients at CSHM clinics. CSHM is required to inform patients at least 30 days before closing a clinic. CSHM is also required to keep State Medicaid agencies abreast of developments and provide monthly status reports to OIG. Any divestiture of assets by CSHM must be through bona fide, arms-length transactions to an entity that is not related to or affiliated with CSHM.
The Inspector General credited Special Agents from OIG's Office of Investigations, Miami Regional and Nashville Field Offices, with assisting in this investigation. OIG was represented in the investigation and litigation of this matter by Senior Counsel Felicia E. Heimer, Maame A. Gyamfi, Robert M. Penezic, and Tamara T. Forys, with assistance from Paralegal Mariel Filtz.
CSHM disputed OIG's determination that it was in material breach of the CIA.
Thursday, March 27, 2014
HHS-OIG Report - Questionable Billing For Medicaid Pediatric Dental Services in New York–March 2014
This same study could be done in any state these private equity owned dental clinics operate and the results would be the same, if not worse. All of this has been reported right here since 2007, it’s 2014! Just saying…
Questionable Billing For Medicaid Pediatric Dental Services in New York - March 2014
Wednesday, March 26, 2014
Small Smiles Dental Centers in yet another Federal Report due out today
A new federal report will be released Wednesday showing that shady dentists and orthodontists billed the state's Medicaid program for questionable procedures on children. One dentist claimed to have provided one child 42 tooth fillings in a single visit.
BY Glenn Blain NEW YORK DAILY NEWS ALBANY BUREAU|Wednesday, March 26, 2014, 12:20 AM
The state’s Medicaid program paid through the teeth for questionable billings by shady dentists and orthodontists, a new federal report charges.
One dentist claimed to have provided one child 42 tooth fillings in a single visit.
Another dentist averaged 16 procedures per child, compared with a statewide average of five, according to the report, which is being released Wednesday.
They were among 23 pediatric dentists and six orthodontists in the state who pocketed $13.2 million in Medicaid payments in 2012 for services that appeared unnecessary or may not have been performed at all, according to the report by the Department of Health and Human Services inspector general.
“We found one orthodontist who treated almost 5,000 children in a single year,” said Lucia Fort, an analyst in the inspector general’s office.
“That’s about 10 times higher than the state average for orthodontists.”
Read the complete NY Daily News Story here.
CSHM/Small Smiles Dental has been changing the business entity names on file with the Secretary of State in Kentucky and Ohio. Small Smiles of Akron, LLC – Michael Crites, DDS has been changed to Akron Smiles Youth Dentistry, LLC – Michael Crites, DDS. (if you would like a look at the many name changes in Ohio, search the Secretary of State site here using “Prior Business Name”)
Small Smiles of Louisville, PSC was changed to Louisville Smiles Youth Dentistry, PCS on November 27, 2013. Since at least June of 2013,
CSHM has also been changing information contained in their dentists National Provider Identifier (NPI) records on file with the Federal government. The mailing address has also been changed in the individual clinic records. The business mailing address has been changed to a US Postal Service sub-station post office box:16 Arcade Unit 198747, Nashville, TN 37219-1994.
The “manager of licensing and credentialing, Ms. Jenell Stringer is making the changes. I’m sure at the direction of someone at CSHM headquarters.
For instance, on June 11, 2013, Ms. Jenell Stringer, Manager of Licensing and Credentialing changed the mailing address in the NPI record of Small Smiles of Worcester, LLC d/b/a Straight Smiles of Worcester-(NPI number 1487943635) to:
16 Arcade Unit 198747
Nashville, TN 37219-1994
615-750-0343
You can see for yourself by searching the NPI number here.
They did the same thing in May of 2010, just 4 months after the Corporate Integrity Agreement was put into place. At that time I believe they used a US Postal Service sub-station at 208 W. 8th Street, Ste 810,Pueblo, Colorado, 81003-3038
If you would like to check out the dentist records, click here. Below are a few names and NPI numbers:
- Merlin L. Cherian, DMD – 1922348507
- Elizabeth Kay Geier, DDS – 1134251127 (Elizabeth is the “owner dentist” of the Louisville, Kentucky clinic and some in Ohio, along with long time puppet, Dr. Jodi Kuhn, who now has her name slapped all over the clinics in Colorado.)
- Harry Huger Houston, III, DDS – 1003991050
- Todd Bernard, DMD – 1336572791
- Sujani Vellanki, DMD – 1740562610 (apparently she practices dentistry at the post office, since the physical address on her location is also 16 Arcade, Until 198747, Nashville, TN)
Wednesday, March 12, 2014
Vice Chairman and Ranking Member of House Committee on Energy and Commerce-Oversight and Investigation subcommittee express continued concerns of dental management service companies (DMSOs).
In a letter (see below) to Inspector General Daniel R. Levinson, Rep. Michael Burgess (R-TX) and Rep. Diana DeGette (D-CO) express their continued concerns about “deceptive practices of dental management service companies (DMSOs)”.
They further call on HHS OIG to exclude any corporate dental companies from participating in the Medicaid program, saying, “Based on the report by the Senate Committees and the prior findings of HHS OIG, we concur with our Senate colleagues and recommend that HHS OIG should consider excluding any corporate entity that employs deceptive business practices that result in substandard care, from the Medicaid program.”
Burgess and DeGette are also concerned about the length of time it has taken to bring one of these companies—Small Smiles Dental Centers—to justice.
The letter recounts the history of the Small Smiles investigation, starting with the “2008 investigative news report” by WJLA in Washington. That report actually aired in November 2007; so it’s even worse, right?
The 3 page letter also states:
- “based on evidence undertaken by our offices, we are very concerned that the corporate structure and management of dental clinics often results in a failure to meet basic quality and compliance standards.”
Monday, December 16, 2013
The Medicaid gravy train continues
If you read this blog, then you know profits with Medicaid dentistry is made on high volume, gross excessive treatment, all at a single visit. The prime example is Small Smiles and their Production Per Patient (PPP) mantra handed out to their employed dentists. As testimony revealed in a New York malpractice case, "PPP is the Golden Goose", said one Small Smile executive. As was put another way by one of Small Smiles managers, “you eat what you kill”.
It’s undeniable, years ago, Small Smiles Dental set the gold standard of excessive treatment by restraining children with use of the papoose board.
As heat from press, parents and few state dental board followed some Medicaid accepting dentists and dental chains decided sedation would be the key even more profits, leaving the least amount of yuk in everyone's mouth—the children, the parents and especially the public.
Weekend "get-a-way" sedation courses were developed, lobbyist hired and representatives of the dental community were sent on press junkets stressing the need for higher reimbursements from insurers and Medicaid; all to accomplish the same thing—Production Per Patient. Now, as ABC news has reported in 2012, we have children being overdosed, brain damaged and dying at an alarming rate.
All the while, government regulators appear to be hiding under their desks. It is understandable that the bulk of the dental profession has given up. It’s been proven over and over there is no money to be made in Medicaid dentistry, if provided ethically. Add government corruption and ineptitude to the mix and it’s like the sadistic relationship between the addict, and their co-dependent enabler; life and death danger to both.
Thursday, November 21, 2013
AIG’s “Creepy” and “Seedy” Stalking Attorney Story from Dr. Bicuspid’s Donna Domino
New trial ordered for Small Smiles case
By Donna Domino, Features Editor
November 19, 2013 -- A New York judge on November 18 ordered a new trial in the Small Smiles case after ruling that a lawyer for the insurance company stalked the jury during the trial. The judge found that the lawyer's misconduct intimidated the jury and probably influenced the verdict in favor of Small Smiles.
In October, the jury found that Small Smiles dentists did not perform unnecessary dental procedures on Jeremy Bohn. Justice Deborah Karalunas found that corporate ownership of the clinics was illegal under state law, but the jury found no liability by the company or the dentists.
But after the jury's verdict, jurors complained about a man who "stalked them throughout the trial," according to the November 18 ruling by Justice Karalunas in the New York Supreme Court.
Jurors complained that Scott Greenspan, an attorney who works for the National Union Fire Insurance Company, was following them and videotaping them. National Union is the insurer for Forba Holdings, the former operator of Small Smiles, and the three dentists named in the lawsuit. The jurors said Greenspan followed them when they went out to lunch, took smoking breaks, and when they were in the elevator.
Wednesday, November 20, 2013
The “Creepy” and “Seedy” Stalking Attorney” story is spreading.
The “Creepy and Seedy” Stalking Attorney” story is spreading. I think once I used “sleazy”. That was a mistake, it was “seedy”. I want to make sure I correct that right away. LOL
'Stalking' of Jury Leads to Malpractice Retrial
Wednesday, November 20, 2013
By NICK DIVITO
SYRACUSE, N.Y. (CN) - Near "stalking" by the attorney AIG hired to monitor a dental-malpractice trial "violated the sanctity of the jury" and compels a retrial, a judge ruled.
With the verdict thrown out, Kelly Varano will have another chance to prove that her son, Jeremy Bohn, did not receive proper care from Syracuse dental clinic Small Smiles and its parent company, Forba Holdings.
It's one of 2,900 such lawsuits filed across the nation against the dental chain, which is insured by AIG.
After the jury in Varano's case ruled for the defense last month, its members confided in Judge Deborah Karalunas that they felt they were being "stalked" by a spectator from the trial.
Identifying that man as AIG's Manhattan-based attorney, Scott Greenspan, Karalunas ordered a new trial Monday.
"Mr. Greespan's conduct violated the sanctity of the jury, raises ground for suspicion that the decision was founded on something other than the evidence, and was prejudicial and likely to influence the verdict," Karalunas wrote.
One of the attorneys who filed the underlying lawsuit, Jim Moriarty, told Courthouse News that he was "thrilled" with the decision.
In 40 years practicing law, "I have never seen an attorney go as far out of line as this lawyer did," Moriarty added. "To me it's dumbfounding."
Tuesday, November 19, 2013
AIG’s stalking attorney, Scott Greenspan is making headlines.
AIG’s stalking attorney, Scott Greenspan is making headlines. Below is the article from The Post-Standard in Syracuse, NY. Most interesting are the comments. I’ve reposted just a few following the article. There is an article at the New York Law Journal as well – subscription required
'Creepy' jury stalker hired by insurance giant AIG forces retrial in Syracuse dentistry malpractice case
Douglass Dowty | ddowty@syracuse.com By Douglass Dowty ddowty@syracuse.com
November 19, 2013 at 6:07 AMSyracuse, NY -- A jury's finding of no wrongdoing against a Syracuse dentistry accused of mistreating poor children will not stand after a "creepy" jury stalker prejudiced the verdict, a judge ruled Monday.
State Supreme Court Justice Deborah Karalunas ordered a new trial in the malpractice case against Small Smiles dental clinic, which operated on South Geddes Street before closing in March 2012.
The parents of Jeremy Bohn were among nearly three dozen to accuse Small Smiles of unneeded and improper treatment involving poor children. Bohn's case was decided by jury in October, which found no wrongdoing by the dental clinic.
But in a weird twist, the jurors complained to the judge after the trial about a stalker. The man was identified as Scott Greenspan, who said he was hired by the dental clinic's insurance company, AIG. Greenspan told the judge he was hired to observe the trial, nothing more.
But here are some descriptions of Greenspan's actions, taken from court transcripts after the trial:
Judge Karalunas:
The first question the jurors asked me was whether they did a good job. The second
question the jurors asked me was who was the individual who was stalking them
throughout this trial. When I inquired of the jurors what did the person look like who was "stalking" them, to use the juror's word, they advised me that it was the individual who I had admonished - I don't know that the jury used that word - during the course of the trial, the individual with the computer.
