Judge Orders Retrial for 1st Small Smiles Malpractice Case in New York–“Creepy” AIG Attorney Stalks Jurors

Syracuse, NY -  In October a verdict for the defendants was handed down by the jury in the 1st of 33 malpractice cases against Small Smiles and their dentists slated to be heard in New York courts.

Just after the verdict, the jury informed the judge they were stalked throughout the 15 day trial by a “creep” and “sleazy” guy who turned out to be a New York attorney by the name of Scott Greenspan.  Greenspan was hired by malpractice insurance carrier National Union Fire Insurance Company, a division of AIG .

Now, “upon examination of the facts”, Judge Deborah Karalunas. has ordered a new trial, concluding “…that Mr. Greenspan made improper contact with the jury.”

In her November 18, 2013 decision, Judge Karalunas finds AIG attorney Scott Greenspan’s conduct “violated the sanctity of the jury, raises ground for suspicion that the decision was found on something other than the evidence and was prejudicial and likely to influence the verdict.”

“This is not a matter of an isolated elevator conversation, cake for juror appreciation day or expression of condolence.  This is a case where jurors over a 15-day period believed that they were stalked, videotaped and closely monitored by a person they believed worked for the defendants,” says Judge Karalunas.

“This is a case where jurors performing their civic duty were made to feel bothered and scared.”

Under questioning by Judge Karalunas, one juror said:

“He followed us everywhere. When we would go to lunch, he’d follow us to where we were going.  One day we had an hour and 15 minutes, a little extra time, so we walked down to the Armory Square to Blue Tusk.  And I told the other jurors, this guy is following us everywhere.  So after the third time I saw him, I said look behind you, that’s what I’d say to them, and he would always be there.

“But when we would go on the elevator, he would always be there.  when we got outside, we would go to have a cigarette right out front, he’s always be standing close by.  When we got back on the elevator to come up,he was always there.”

‘…the only times we did not see him out of the whole time was once we went to Ale and Angus and once we went over to The Mission and we didn’t see him there.”

The juror told Judge Karalunas that Mr. Greenspan was in the elevator “at least half the time, if not three quarters of the time.” 

So there ya have it.  A new trial and I would guess that National Union/AIG would need to pick up the tab for this. Now, wouldn’t it have just been easier to write this child a check for all the hell he’s been put though?!  Just saying…

Small Smiles Dental Syracuse Bohn Malpractice New Trial Decision

With all signs of any relations to the Syracuse Small Smiles Dental Crime Family cut. Dr. Wilson begins anew. Good Luck to you, Dr. Wilson!

Yes, good people will take over, once the people of the community and the Federal, State and Local governments get the criminals out of the way. Dr. Wilson would have been there to begin with, if everyone had not been blinded by the greed, and BS they were being told by the gangsters.  I like that this guy cut all ties with Church Street Health Management and Small Smiles, he makes that clear. Go Dr. Wilson!

Binghamton dentist takes over former Small Smiles clinic for kids on city's West Side

Published: Thursday, August 30, 2012, 2:01 PM     Updated: Thursday, August 30, 2012, 2:27 PM

By James T. Mulder, The Post-Standard

 

Syracuse, N.Y. -- A controversial Medicaid dental clinic for children on Syracuse’s West Side that closed in March has a new operator.

Wilson Dental, which established a practice last year at 610 S. Salina St., opened a second office last month in the former Small Smiles clinic at 220 S. Geddes St.

Small Smiles, part of a national chain, closed shortly after its parent company filed for Chapter 11 bankruptcy. The chain had been accused of bilking Medicaid — the public health insurance program for the poor and disabled — out of millions of dollars by performing unnecessary work on children.

The clinic also was sued last year by 10 area families who claimed children treated at the practice were subjected to root canals, tooth extractions and fillings while physically restrained in a dental chair and without sedation or general anesthesia in some instances.

Dr. Michael Wilson, who also practices in Binghamton, said he didn’t buy the Small Smiles practice because he did not want to become liable for any of its problems.

“We didn’t accept any of their old patient records or hire any former employees,” Wilson said. “It was a clean break.”

He said the 6,000-square-foot clinic is a “heck of a facility.”

Wilson will continue operating his South Salina office.

Wilson said after Small Smiles closed his South Salina office saw a big influx of young patients.

“We were booked out for three months and we really needed more space to see the kids,” he said.

Most dentists in Central New York do not accept Medicaid because the program’s fees are so low. “The need in Syracuse is so huge,” Wilson said.

Wilson’s practice has several specialists including a pediatric dentist, an oral surgeon and a pediatric anesthesiologist. “A 3-year-old who comes in with a mouth full of cavities needs to be put to sleep,” Wilson said.

He said about 20 general dental offices and clinics between Syracuse and Binghamton refer patients to Wilson Dental because it is difficult to find other specialists in the region who accept Medicaid.

Wilson, who went to dental school at New York University, moved to Binghamton in 2008 to set up a practice after discovering few dentists there accepted Medicaid.

He expanded into Syracuse after seeing some Medicaid patients drive 70 miles to his Binghamton office because they could not find a dentist here.

On July 1 the state began requiring Medicaid patients to get their dental care through the same private health insurers that handle their other health benefits. Prior to July 1, the state administered Medicaid dental benefits. The state made the change in an effort to curb Medicaid spending.

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Dr. Wilson’s approach is unlike Andrew Loomis-Pueblo Small Smiles, now Family and Kids Dental. Dr. Loomis has been at Small Smiles CSHM since May 2011 and Jeremy Hodge-Manassas-now Kids and Family Dental. Hodge is fresh meat out of Idaho who came on board back in March 2012. I doubt ANY ties have been broken with these two. Well, unless some “reties” with the DeRose’s. After all Pueblo is their baby.

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

New York Dental Malpractice Lawyers Sue Syracuse Small Smiles Dental Clinic–From Central New York Injury Lawyer Blog

 

New York Dental Malpractice Lawyers Sue Syracuse Dental Clinic - Central New York Injury Lawyer Blog

Michael Bersani wrote a passionate post on his blog.   He referred to this as “Dental Battery” not “Dental Malpractice”.    I agree.  Yes, “Battery” is included.

Here is a snippet:

By Michael Bersani on April 8, 2011 9:45 PM | Permalink

New York dental malpractice lawyers agree on one thing: You have to turn down most calls about dental malpractice. Most alleged dental malpractice cases are going nowhere. We get calls from people all the time. They got a bad result from their dentistry work, and they want to sue. But usually the bad result was a "known risk" of the procedure. When it's a known risk, usually there's no case. Sometimes there really was dental negligence, but then the injury is too small to really warrant a dental malpractice lawsuit. Getting a case with provable negligence, plus a significant injury, well, that doesn't happen every day.

Read the full blog post here.