NCDR, LLC–Kool Smiles-Resolution Dental wants you and your practice.

The private equity firm, FFL, who owns Kool Smiles Dental and Resolution Dental is moving away from opening their own clinics and moving toward the Heartland Dental business model—what I call the F & S business model. (S for suck, so you can figure out what the F stands for). 

F & S Business Model - This is where they come in, offer practice owners an unrealistic amount for their established practice, put the current owner and staff under employment contracts, then set unrealistic income quota’s that forces dentists and staff to make decisions not necessarily good for the patient. See A peek under the sheets of Heartland Dental

Rumors last years indicated Kool Smiles Dental had their highly questionable but lucrative Medicaid income stream reduced significantly due to what was apparently questionable dental treatment and billing practices. In 2013 they began switching many of their practices to Resolution Dental.

Now, they want to purchase already established dental centers. I’m sure this is a much faster way to increase the dwindling revenues.

They advertise:

Are you considering selling your practice? Let's talk.

They want locations “not in the hood” and are offering a “fast and furious” “too good to be true” amount cash for said locations. They want dentists willing to sign restrictive 2 years employment contracts, which will no doubt include a stiff penalties, especially for disparagement of the company. They also offer bribe your staff to stay on, but make no promises.

Any updates on Kool Smiles and Resolution Dental Clinics

I’ve not heard anything about this guys lately. Well, not since they sent warning letters out to current and past employees.

Anyone have any idea what’s happening down in Atlanta?

Pat on the Head or Slap on the Wrist

AG Gansler Secures Settlement from Baltimore County Dentist
Owner of Baltimore city practice must repay $25K to Medicaid program

Baltimore, MD (January 3, 2014) - Attorney General Douglas F. Gansler announced today that the State of Maryland has reached an agreement with Lisa Valentine, D.D.S., of Woodstock, for her to repay the Medicaid program $25,000 in civil damages for services that were billed, but never rendered. The Medicaid Fraud Control Unit (MFCU) of the Office of the Attorney General conducted an investigation into the practice of Dr. Valentine, which included numerous interviews with her former patients and staff.

"The hardworking taxpayers who fund the Medicaid program deserve to know that their money is benefiting those it is intended to help," said Attorney General Gansler. "Our office took swift and decisive action against this dentist who was trying to abuse the system."

The investigation showed that Dr. Valentine's husband, Spencer Brown, in his capacity as an employee of the practice, billed the Medicaid program for services that were not provided.

Brown previously pleaded guilty to one count of Medicaid fraud for submitting the fraudulent claims to the Medicaid program from January 2008 through November 2010. He received a sentence of five years incarceration, with all but one year suspended, and was ordered to pay restitution of $156,918 to the Medicaid program.

Attorney General Gansler thanked Assistant Attorneys General Tom Rafter and Shelly Martin, as well as Investigator Mark Holback, all of the Medicaid Fraud Control Unit, for their work on this case.

http://www.oag.state.md.us/Press/2014/010314.html

Thank you e-mails always appreciated

It all turned out well for this little 3 year old after panicked mom decided to do some research and ask questions.

January 15, 2014

Hi Debbie 

I just wanted to give you an update. I took my daughter for a second opinion. Syosset, NY.

I would have never imagined the dentist  would look like a housewife of Beverly Hills. But she had a brain, so that was great. 

She told me that my daughter DID NOT have three cavities in her mouth as indicated by the first dentist.

As you mentioned in our previous correspondence, it was deep groves and discoloration in her back teeth.

This doctor was able to get perfect images of the teeth. 

My daughter did have one cavity in the front which was a result of her teeth being too close together. 

The doctor advised it was too small to go through the trouble of filling it, gave my daughter a toothpaste that would slow the growth of the cavity and told me to bring her back in six months. 

Had I taken the other dentist word for it,  my daughter would have had work done on teeth that were perfectly fine. 

Sometimes, we doubt ourselves believing that these doctors are smarter than us, because they were able to study longer and go beyond four years of college.  Sometimes these doctors are overly confident in their craft, believing they aren't capable of making a mistake.  

Erasers and malpractice insurance was made for a reason. 

So, THANKS! for your blog. I hope other parents find it, read it and understand that it's okay to challenge the doctors.

Below is this thankful mother’s original email:

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January 5, 2014

Hello

I have 4 four year old that was recently seen by a dentist.  I was told she has three cavities.  My heart dropped.  I wanted to cry for my daughter.  I am 34 years old and I HATE going to the dentist. 

After being told my daughter had cavities, I immediately went home and started to read.  The article of the day was a 3 year old in Hawaii that died from a cocktail of drug while at the dentist.  My heart sank even deeper.  I am dealing with so many things in my life but, the news of my baby having cavities has hands down been the worst.

What would be the proper procedure (in your opinion) for treating children so small with cavities? It seems as if death by the death is very common.

I don't want my child to be in pain and have a fear of the dentist however, i don't want her to be one of the unlucky children that don't make it out the chair.
Please respond. I look at my daughter and start to cry.

Indiana taxpayers pick up the tab for shafted Allcare Dental patients

Customers of Allcare Dental get money back

Updated: Thursday, January 16, 2014, 12:09 PM EST

INDIANAPOLIS (WISH) - Many patients who lost money when a dental business closed its doors without notice got some of their money back, Indiana Attorney General Greg Zoeller announced Thursday.

Allcare Dental closed in 2011, leaving customers in Avon, Evansville, Fort Wayne, Indianapolis, Lafayette, Mishawaka and Muncie without a provider and with a lot of questions.

The dental company declared bankruptcy. Eventually, the nearly 300 customers who filed complaints in Indiana received some or all of their money back. The patients lost anywhere from $69 to $9,125 but the state could only pay back a maximum of $3,000 per person by state statute.

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Wonder if Greg is related to Linda Zoeller of Small Smiles fame?

Dr. Chris Salierno: Good Dentists Can Make Bad Decisions

Interview with Dr. Chris Salierno

By Michael W. Davis, DDS | January 9, 2013

 

 

Dr. Chris Salierno Introduction

Education
Dr. Salierno received his B.S. from Muhlenberg College and his D.D.S. from SUNY Stony Brook School of Dental Medicine. He completed his formal training at Stony Brook Hospital’s General Practice Residency program where he focused on implant prosthetics. Dr. Salierno practices general dentistry in Melville, New York. 

Leadership
Early in his career Dr. Salierno served as president of the American Student Dental Association. He has continued to lend his leadership skills to serve his colleagues, as well as the public, by serving on a variety of committees that promotes enhanced professional ethics for the dental profession—including advocacy for new dentists.

His published professional papers and educational lectures have elevated quality care in dentistry. He writes and lectures internationally on a variety of subjects including, implants, occlusion, TMJ disorders, and practice management.

Much of his lecture content is available on his blog, The Curious Dentist, which also features candid discussions about everyday dentistry. Dr. Salierno is  co-editor of The Surgical-Restorative Resource, which focuses on the team approach to complex dental care. He is a past Chair of the ADA New Dentist Committee, and is currently the President of the Suffolk County Dental Society.

 

Interview Questions

Dr. Davis: Dr. Salierno, your blog, “The Curious Dentist”—directed at our junior colleagues— is very eye opening. It is troubling to see the minefield recent dental  graduates often must navigate. Senior doctors like myself often have no idea what challenges our next generation of doctors are facing with future employers.

One example, of course, is transferring the tax burden of federal FICA taxes from the employer, to the employee dentist, therefore increasing the employer’s bottoms line. Employers habitually misclassifying “employees”, as “independent contractors”. This, of course, is illegal and in direct contradiction to well established and routinely enforced IRS Guidelines.  

We have seen employers configure employee dentist compensation, using a convoluted structure of percentage of collections or billable services which would require a doctorate degree in economics and quantum mechanics to decipher. In numbers of cases, employee dentists are not getting a fair deal. 

There is also indisputable evidence of the pressure experienced by our junior colleagues to provide high-skill services, such as molar endodontic therapy in a rapid cut-rate manner. None of this serves the best interest of the patient, nor the dental profession.

Dr. Salierno, could you please highlight a few of these problem areas for dentist employees. In fact, I’d love for you to publish a paper specific to these issues, and give a lecture to every senior dental school class, prior to graduation.

Dr. Salierno: I’ve actually participated in an initiative just like you’ve suggested. The ADA’s Success Program brings leaders into dental schools to give presentations on subjects like ethics, practice management, and career choices. Programs are offered for first through fourth year and I’m happy to say that the majority of schools take us up on it. The main message to students is that they are not alone, no matter what challenges may face them in the years to come.

The changing landscape of dental Medicaid: Part 2

By Michael W. Davis, DDS, DrBicuspid.com contributing writer
January 9, 2014 -- In the first of this two-part series, Dr. Davis explained how the present degree of dental Medicaid fraud, waste, and abuse is not sustainable and how it is slowly changing. Read that part here.

In reaction to the public's concern about the excessive abuse of child restraints, a number of Medicaid mills have jumped onto the conscious sedation bandwagon. The best option of treatment is to sedate in a hospital setting with IV sedation, a properly trained anesthesiologist to continually monitor the child's vital signs, with reversal medications at the ready, and the capability of nearly instantaneous airway resuscitation. Since Medicaid often doesn't pay adequately for hospital cases, the children's safety is too-often compromised.

Too often, the dentist has little-to-no advanced life support training. A child going into shock from an adverse drug reaction already has tiny blood vessels in which to attempt to stick an IV line. Their airway is small and often further compromised by enlarged tonsils, with a natural anatomy that already appears anatomically constricted and funnel-like.

I won't say it's not feasible to do this care properly, but a doctor has to deliver conscious sedation (often involving multiple drugs) and monitor all vital signs, while simultaneously roundhousing sedated children with steel crowns and pulpotomies. However, under the present Medicaid program, there are huge financial disincentives to provide this style of care properly. Corners get cut and children get harmed, too often permanently.

So, what is the fallout for the dental profession? Certainly the negative press has added a degree of distrust from the public. Trust is difficult to obtain and easily lost. And once lost, it's even more difficult to regain.

 

Read the rest of Part 2 by clicking here

The changing landscape of dental Medicaid: Part 1

The changing landscape of dental Medicaid: Part 1
By Michael W. Davis, DDS, DrBicuspid.com contributing writer

January 8, 2014 -- Some experts examining the Affordable Care Act (ACA) have estimated a 25% to 33% increase in eligibility. What they may miss is that enrollment eligibility for potential patients does not necessarily equate into actual patients having access to dental care. Eligibility for services is a different element than access to those services. While this makes perfect logic to small or large healthcare business owners or managers, it may be outside the comprehension abilities of Washington bureaucrats.

In 2007, the U.S. Health and Human Services Office of Inspector General (HHS-OIG) issued a troubling report, which stated 31% of reviewed dental Medicaid submissions were improper. Again, please take note of that number -- 31%!

That degree of dental Medicaid fraud, waste, and abuse is not sustainable. The taxpayer cannot and should not fund such a dysfunctional program, no matter how well intentioned. Throwing limited public money at problems of disadvantaged children with dental needs, without adequate oversight, regulation, and enforcement represents an abuse to the American taxpayer. That unfortunate reality is slowly changing

Read the entire story here

Crime Watch

In New Holland, Pennsylvania a woman admitted stealing $3,743 from the dental office of DRr. Robert-Bers Techer, where she was employed. She also altered some bookkeeping records so  family members could received $1,608 in dental treatment.  She has been arraigned and released on $25,000 bail and faces a preliminary hearing on January 16, 2013. Total $5,351.

In Maryland, Spencer Brown, husband of Lisa Valentine, DDS, who worked for the practice billed Medicaid for services that were never provided totally more than $156,000. Maryland’s Attorney General “settled” with Brown for $25,000 in damages and restitution of $156, 918 in restitution and will spend one year in jail. (probably less). 

Let’s see how it turns out for the lady in New Holland, Pennsylvania.

Corporate dentistry’s latest attempt to silence critics and trample on the 1st Amendment–Comfort Dental sues professors.

Dr. Melvin Ball is a part time professor at the University of Colorado School of Dental Medicine. In December 2013 Dr. Ball was speaking with colleagues in teacher’s lounge at the university. During the conversation it’s alleged Dr. Ball voiced his opinion and confusion about Comfort Dental’s business model. Outrageous! (sarcasm).  Comfort Dental is also targeting three other professors, Sally Preston, DMD; Thomas Borris, DDS, and James Woolum, DDS seeking $2.45 million in damages.

[My God, where were these campus speech police back in the 60’s.  Berkley would have to close the campus if professors weren’t allowed to voice their opinions!]

Comfort Dental and it’s founder, president and CEO Rick Kushner, feel “they” were defamed when Dr. Ball spoke of his own experience as a doctor of dentistry saying, “I know you cannot provide consistent, quality dental care when all you care about is your bottom line.”

[I use the word “feel” loosely, since I’m not sure how a corporation actually “feels” anything. ]

Comfort Dental is also claiming they suffered damages because Dr. Ball stated he “can’t understand how he [Kushner] gets away with it.” God help those of us who do not hold an MBA! Comfort Dental also claims they suffered damages when Dr. Ball invoked Godwin’s law; allegedly Dr. Ball referred to Kushner as being “like Hitler”.

[Don’t ya wonder who the snitch is or how many there are?  Must be several since they cover the entire campus apparently.  Oh, wait, was all this detail obtained from surveillance cameras?  Wouldn’t that be interesting.  hmm…   That could open up a while new area of law, criminal, tort and “s”ort…]

The complaint against Dr. Preston states she told her class it was typical of Comfort Dental dentist to do shoddy work after of her students related a story from a Comfort Dental patient who had come to the dental school’s emergency clinic for treatment after two trips to Comfort Dental where the patient was less than satisfied and left in pain.

[ I suspect any dental care provided by Dr. Rick A. Kushner would be highly illegal and unethical since his dental license is expired nearly 2 years ago – February 2012.]

3 year old Finley Boyle has died after careless sedation by dentist and staff in Hawaii dental office.

This is the saddest picture I think I’ve seen in many years and should be the one that comes to mind the next time ANY dentists want to sedate a child.  Sadly these deaths are more common than you may think.  In 2011 there were 8 that were reported, who knows how many were not.

On December 3, 2013 baby Finley was sedated at Island Dentistry for Children. Dr. Lilly Geyer was the dentist in charge, but who actually administered the deadly cocktail 5 different drugs?  According to court documents a “technician” gave Finley the lethal cocktail. Not surprising to those of us who watch this sort of news, questions have arisen as to the whether Finely actually needed the extensive treatment recommended at her November check-up by Dr. Geyer.

Court documents say when Dr. Lilly Geyer discovered Finley had gone into cardiac arrest, the doctor ran down the hall to a pediatrician’s office in the building to get him to come and perform CPR.

The AAPD Guidelines recommends vital signs should be monitored and documented at least every five minutes for patients who are sedated.  However, as was learned in the dental malpractice case in Syracuse, NY the AAPD guidelines are “options”.  Dentists on the stand testified under oath, the AAPD guidelines have little influence in the decisions many dentists make in treatment. (sorry, I tried not to do there)

According to the Boyle’s attorney, Rick Fried, only 3 notations were made as to Finley's vital signs and they went unchecked for 26 minutes after the technician sedated her.

I can only conclude Dr. Geyer and staff as careless idiots.

As promoted by the Raven Marie Blanco Foundation, every dentist office should be prepared to handle a medical emergency and recommends The Six Links of Survival. 

See the RMBF Public Service Announcement

However, dentists are fighting this “tooth and nail”.  State dental boards are doing little to protect the public and everything to make it easier for dentists to increase their income stream by offering sedation.

Below are several links to various stories, don’t miss out on the comments.  As you will see in the comments, the first thing people do is blame the victim or in this case the victim’s parents.  What is usually not stressed in the stories is that the child probably did NOT need such extensive treatment, if at all.

WFAA-TV Dallas with reporter Byron Harris and team win award for “Denticaid: Medicaid Dental Abuse in Texas”

It has been announced that Byron Harris and the investigative team at WFAA have been honored with the Alfred I. duPont Silver Baton Award by the Columbia University School of Journalism. One can only imagine what didn’t make it on air in the “Denticaid” series. 

Kudos to WFAA-TV Dallas for supporting Byron and his team. 

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WFAA-TV, Dallas & Byron Harris
“Denticaid: Medicaid Dental Abuse in Texas”

 

A relentless two-year long investigative series that brought to light rampant pediatric dental Medicaid fraud

In this series of dogged reports, WFAA-TV and reporter Byron Harris uncovered a corrupt system in which hundreds of millions of taxpayer dollars went to dentists who billed the government for questionable orthodontics and other procedures that, in some instances, harmed children.

One Dallas-area dental clinic cruised poor neighborhoods, luring kids with food and cash before performing extensive, unnecessary and often harmful dental work all without parental consent. WFAA’s detailed reporting featured whistleblowers, hidden camera video and the tireless pursuit of one dentist living in a mansion the size of Versailles. Because of this reporting, the Texas Medicaid commissioner and the state’s dental director resigned, and congressional hearings were held.

Byron Harris, reporter; Jason Trahan, producer; Billy Bryant, photographer and video editor; Carolyn Mungo, executive news director; Mike Devlin, president and general manager.

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Don’t miss this enlightening discussion between Byron and his team.

Behind the Story - WFAA from Alfred I. duPont Awards on Vimeo.

Interview with Dr. Jay W. Friedman

 

Interview with Dr. Jay W. Friedman

by: Michael Davis DDS
December 17, 2013

 

Dr. Jay W. Friedman has had a significant impact on the oral health of the public. His commitment to public health has spanned seven decades from the 1950s to the present. He pioneered in the development of quality standards for dental care, group practice, and dental insurance. An accomplished clinician, he has been a consultant to a number of state and national organizations. Notable are Dr. Friedman's remarkable contributions in leading the challenge against the prophylactic extraction of third molars, as well as advocating for adding dental therapists to the oral health work force. 

Dr. Friedman earned his Doctor of Dental Surgery degree from Columbia University in 1948. Subsequently, he practiced general dentistry in Farmingdale, New York from 1948-1954, including two years in the U.S. Air Force Dental Corps. In 1955, Dr. Friedman became the director of an innovative group practice dental cooperative in Seattle, Washington, which served as a prelude to his pursuit of a life in public health. He received his MPH in 1962 at the University of Michigan, followed by an NIH Fellowship. Friedman then moved to Los Angeles, California, becoming actively engaged in research, writing, consulting, and clinical practice. Between 1964 and 1977, he served as a researcher at the UCLA School of Public Health. His 1972 Guide for the Evaluation of Dental Care was distributed widely by the U.S. Public Health Service; it set the standard for monitoring dental practice. In 1974, he co-edited, with Jerge, Marshall and Schoen, Group Practice and the Future of Dental Care. In 2002, he reissued a revised edition of his Consumer Reports Book, “The Intelligent Consumer’s Complete Guide to Dental Health.” In 2012, he received the John W. Knutson Distinguished Service Award in Dental Public Health from the Oral Health Section of the American Public Health Association.

Introduction

Dr. Davis: Dr. Friedman I’m honored to interview you, both because of your work to advance public health dentistry over the years, but very specifically your efforts to reduce the routine removal of asymptomatic third molars (wisdom teeth). Extraction of these asymptomatic teeth most often generated no patient benefits. All the while, patient risks of morbidity and mortality were elevated, especially injury to the jaw nerves causing numbness of the lip and tongue, jaw fractures, post-operative infections, and the potential risks from sedation. A number of young adults faced serious clinical injury, inclusive of untimely death. Dr. Friedman, I’m not overstating, that your work to educate our dental profession actually saved many lives. In the face of your work, you were highly criticized by elements of the oral surgery community, whose potential income was threatened. Regardless, you took the high road, in advancing the dental profession, in service of the public welfare.

Interview Questions

Dr. Davis: Dr. Friedman, in recent years we’ve seen advancement of corporate owned and managed dental clinics. These private equity backed dental clinics have a fiduciary responsibility, to place the interests of shareholders to the fore, and generate profits. By contrast, doctors have both an ethical and legal responsibility, to place the patient’s interests to the fore. The conflict of interest seems obvious. Would you like to elaborate?

Dr. Friedman: It is not only excessive third molar extractions that should concern us. They are just one part of a pattern of what I call FUN (Functionally Unnecessary) treatment, which may be physically and fiscally harmful to the individual and exploitive of public funds. It applies to the whole gamut of dentistry, including unnecessary x-rays, cleanings, fillings, crowns, replacement of missing teeth, and the array of “cosmetic dentistry.” Nonetheless, I believe the majority of dentists are well-intentioned and provide care they believe is in the best interest of their patients. That they―we―are not immune to FUN treatment is due in part to deficiencies in our education and the need to generate money to pay rent, utilities, supplies, salaries, and our own income.

Corporate owned dental clinics and private dental practices share the same objective, which is the generation of profits. In a capitalistic system, corporate shareholders benefit as if their investment produces the profit rather than the workers who perform the service. In a private practice, at least the dentist is part of the workforce. He or she may share some of the “profits” by awarding bonuses to auxiliary staff. In many private practices, the staff is given incentives to generate income and a bonus in the same manner as the corporate practice. So in that respect, I do not see a big difference between the two systems.

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.

Family says 3 year old Finley Boyles was given too much anesthesia.

 

December 11, 2013

KAILUA, OAHU (HawaiiNewsNow) -

A three-year-old girl is in critical condition following a procedure at a local dentist in Kailua, Oahu.

Three year old Finley Boyle is at Kapiolani Medical Center.  It's unknown if she had any pre-existing medical conditions but we do know a lot of lives have been changed forever.

Photos show three year old Finley Boyle's bright smile.  Family friends say on December 3 she was brought in for a dental procedure at Island Dentistry in the Kailua Professional Center when something went horribly wrong.

The friends say Finley was given too much anesthesia and sedatives.  She then went into cardiac arrest and now has severe brain damage and will never be the same.

Friends say the dentist is Dr. Lilly Geyer.  Her office, called Island Dentistry for Children, has a sign up saying it is currently closed.  Not even the delivery man was let in. There were people in the office but they weren't talking.

"We have no comment," said an unidentified man inside the office.

The Island Dentistry website has also been taken down, but a screen grab from the archived website says the practice opened in 2006 and has 2,000 patients.

The "about us" section of the site also says Dr. Geyer "is certified in Basic Life Support, Advanced Cardiac Life Support, as well as Pediatric Advanced Life Support."  However friends say when Finley began having complications the staff ran to the pediatrician's office down the hall and that doctor came to help with CPR.

Update on Dr. Michael Tarver–Polliwog Dental–Ocala, Florida

December 11, 2013

On December 6, I received a long rambling email about Dr. Michael Tarver’s, apparently sent out by his dad, Buzz.  In this letter he blames everyone for Tarver’s woes, except Michael, which is typical, after all it is his dad writing it. You can read Buzz’s email in it’s entirety at the end of this post, along with other stories about Dr. Tarver and Polliwog Dental.

Buzz may have gone too far, when blaming Florida Department of Health Investigator, Mike Knezevich.  Buzz writes,

“Basically an unscrupulous investigator for the DOH, Mike Knezevich, fabricated evidence, filed false, misleading and inaccurate reports, possibly intimidated witnesses and ignored sworn affidavits and other statements from dental professionals.  In addition, Knezevich did not ask for or consider advice or clarification from any general dentist, pediatric dentist or medical or dental anesthesiologist.  Equally disturbing is that the DOH lawyers appear to have rubber stamped Knezevich's false reports without checking the facts.

I’m assuming Buzz is grasping at straw, since just days prior, The Health News Florida published an article about Dr. Michael Tarvers, a Whistleblower and video of Tarvers altering patient records. 

Tarver maybe going down, but he’s kicking and screaming every lick of the way.

---

Mon December 2, 2013

By Health News Florida Staff

A whistleblower’s lawsuit has been filed by two former employees of a troubled Ocala dental practice.

Polliwog Dental, the focus of investigations by the Florida Department of Health and the U.S. Drug Enforcement Administration is being sued for retaliation and failure to pay overtime to the two fired workers, the Ocala Star-Banner reported (paywall alert).

The lawsuit says employee Andrea Frederick used a cellphone to videotape Polliwog owner and dentist Dr. Michael Tarver as he altered medical records that had been subpoenaed by DOH. The other worker, Tiffany Sullivan, alleges that Tarver ordered her to stall investigators and refuse to turn over records, the lawsuit states.

The former employees are asking the court for $15,000 per allegation and attorney’s fees. Tarver told the Star-Banner he would have no comment.

The Star-Banner reports that problems first emerged at the practice in July, when DEA investigators visited the Ocala practice, took some files and questioned employees. That investigation continues.
In September, Tarver was suspended under an emergency DOH order. That suspension stems from allegations involving two 4-year-old patients, but the local State Attorney’s Office said they found no reason to charge the dentist with child abuse, the paper reports.

Last month, Tarver and the DOH reached a settlement with the state's Board of Dentistry, which includes a $7,500 fine, education and the requirement that Tarver hand over operation of the business. The day before the hearing Polliwog changed its name to Churchill Dentistry. Tarver’s wife and business partner continue to run the practice.

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Mass Email from Buzz Tarver

Dear Friends and other interested parties,

All families occasionally go through some tough times and our family is no exception.

In September, Michael's dental license was suspended by the Florida Department of Health (DOH).  Michael's license was recently reinstated.  The license suspension has been played out several times on the front page of the Ocala newspaper and on various local TV news reports. Michael has been subjected to extensive negative publicity accompanied by some personal threats.  Basically an unscrupulous investigator for the DOH, Mike Knezevich, fabricated evidence, filed false, misleading and inaccurate reports, possibly intimidated witnesses and ignored sworn affidavits and other statements from dental professionals.  In addition, Knezevich did not ask for or consider advice or clarification from any general dentist, pediatric dentist or medical or dental anesthesiologist.  Equally disturbing is that the DOH lawyers appear to have rubber stamped Knezevich's false reports without checking the facts.  A simple Google search, a search on the American Academy of Pediatric Dentistry website or a brief conversation with a pediatric dentist doing conscious sedations could have quashed these false accusations.  On several occasions, Michael and his attorney provided irrefutable evidence of Michael's innocence to both the DOH and Board of Dentistry Probable Cause Panel.  The evidence was ignored and in the case of the Probable Cause Panel, even though the evidence package was hand delivered to each member of the panel, Michael's package was not considered at the hearing.  Frustrated with any semblance of a fair hearing or due process and at some risk to Michael from possible DOH retaliation, , Michael filed a formal complaint with the DOH on Investigator Knezevich.  The complaint became a matter of public record and the DOH was forced to consider the accusations by Knezevich against Michael.  It only took a few days for the DOH to check the facts.  According to Michael's attorney, The DOH has started termination proceedings against Knezevich and the Florida Attorney General's office is having conversations with Michael's attorney about filing criminal charges against Knezevich.  I guess the Ocala press doesn't consider this misconduct newsworthy as there has been no mention of it in the newspaper.  I'm going to send this email to them as a long "letter to the editor."

If you want the full, detailed story, please read on below.  Much of the information I am presenting is now a matter of public record.  To the best of my knowledge, the information I am presenting is accurate.  I understand that the truth is my defense against libel.  You are most welcome to share this email with other interested folks.  The facts are disturbing and disgusting.  Don't think for even a moment that something like this could not happen to you or someone you love.

Paraphrased from Michael's attorney, a former prosecutor for the Attorney General's office, former lead prosecutor for the Florida Board of Dentistry and now a private practice defense attorney…'What happened to Dr. Michael Tarver is the most compelling abuse of power and investigative misconduct I have experienced in my 30 years of legal practice.'

As a way of introduction, Michael is a native of Lakeland.  He graduated summa cum laude from both Wake Forest University and Tuft's Dental School.  Michael completed his pediatric dental residency at the University of Florida and is board-certified by the American Academy of Pediatric Dentistry.  Michael also earned a CPA license and a Series 7 license and holds a multi-engine Airline Transport Pilot license and is a Certified Flight Instructor.  Michael and his wife Rebecca, a general dentist limiting her practice to children, opened their children's dental practice in Ocala in January of 2012.  They purchased a bank-owned, run-down building in a great location.  They remodeled the building and personally installed most of the dental equipment.  They also purchased a home in Ocala. They have substantial financial equity and sweat equity invested in their practice and the Ocala community.  They loved Ocala and thought of themselves spending the rest of their lives there.  All of that may have changed.

Michael was the only pediatric dentist within the 5 surrounding counties of Ocala seeing any significant volume of Medicaid children.  Michael's thriving practice was shut down by the DOH.  22 employees lost their jobs…most of whom collected unemployment and many  have not found new jobs.  Thousands of children had no local pediatric dentist available for treatment.  In addition, MCNA Dental and DentaQuest, Medicaid dental managed care organizations, suspended Michael from their programs.  Neither group has reinstated Michael into their programs.  This means that the vast majority of Medicaid children in the 5 surrounding counties cannot see a local children's dental specialist…especially one doing conscious sedations.  In addition, MCNA Dental and DentaQuest suspended Rebecca from their programs…and Rebecca has a spotless record… guilt by association.  Neither organization has reinstated Rebecca's credentials either. 

Michael was accused of 2 serious violations which if true (which they were not) would warrant a license suspension.  A mother accused Michael of administering, without permission, GENERAL anesthesia on her child.  Michael has never administered general anesthesia on any child…ever.  Michael knows of NO pediatric dentist that administers general anesthesia by themselves.  Specialized equipment is required to administer general anesthesia and a cursory tour of Michael's office would confirm that Michael does not possess such equipment.  Michael had signed consent forms, in both English and Spanish, for conscious sedation, which he administered.  Michael has performed thousands of conscious sedations.  Michael has never had to call 911 or other medical emergency personnel on any patient…ever.  This accusation by Knezevich was proven totally and absolutely false and without merit.

A second case involved a patient, under conscious sedation, that was starting to experience labored breathing.  Michael administered oxygen and a reversal agent and, within 15-20 seconds the patient was breathing normally.  At that point, Michael stopped his treatment, spoke with the mother and referred the patient to Shands Hospital for treatment.  Shands evaluated the patient and declined treatment.  The patient returned to Michael for treatment.  Michael used a different conscious sedation drug to successfully treat the patient.  The patient returned several times to Michael for additional treatment.  A 3-month employee, who had never previously worked for a pediatric dentist, sent an email to the Ocala police saying that she thought the patient died in the dental chair, Michael brought the patient back to life by performing CPR, and didn't tell the mother what happened. 

The Ocala police called Knezevich about the email.  That seemed to be the extent of Knezevich's investigation.  Michael has never performed CPR on any patient…ever.  This accusation by Knezevich was proven totally and  absolutely false and without merit.  In BOTH cases, Knezevich ignored sworn affidavits from attending dental assistants confirming Michael's innocence.  As mentioned previously, Knezevich did not consider advice or clarification from any other general dentist, pediatric dentist or medical or dental anesthesiologist.  The DOH in both cases, seemed to accept Knezevich's reports verbatim without doing any fact checking.

Michael was also accused of 2 records violations...one on each of the above patients.   A subpoena was issued on, I believe, July 18th for Michael's dental records on the above patients.  The subpoena expired in 2 weeks.  After holding the subpoena for 13 days, Knezevich delivered the subpoena to Michael's office on August 1st, the day before the subpoena expired.  Interestingly, and very convenient for Knezevich, that morning Michael and Rebecca left Ocala for a planned trip to Iowa City, Iowa to visit Rebecca's 92-yr old grandmother and some other relatives.  If was the first vacation Michael and Rebecca had taken since they opened for business.  They had talked about taking the trip for weeks with staff, patients and anyone that may have been interested.  Knezevich knew that they would be out of the office.  Michael never saw a copy of the subpoena but was informed by his staff through Knezevich that Michael had 24 hours to produce the records or he would be held in contempt of court.  Of course that wasn't true but Michael didn't know that. By law, the patient dental records belong to the DOCTOR. 

Michael did not give Knezevich permission to take the patient dental records.  In Iowa City, Michael used a computer program, for the very first time, to remotely access his patient dental records.  Most in-office computer programs automatically date-stamp entries into dental records.  This remote program did not. Michael made some late clarifying and explanatory notes to the two patient dental records without identifying the notations as late entries.  Michael did not delete any information from the records, he only added clarifying information.   Our research showed that there is no law in the Florida dental regulations prohibiting late entries or requiring a late entry be notated as such, and even though both a pediatric dentist and a dental anesthesiologist reviewed Michael's notes and submitted sworn affidavits that no material change was made to the patient records, Michael was charged with the records' violations. 

To the best of our knowledge, no dental license suspension has EVER occurred for such a records violation.  In order to get his dental license reinstated, Michael had to agree to the records violation.  The agreement obligated Michael to reimburse the DOH for its $17,000 in investigative costs by its unscrupulous investigator.  The reimbursement seemed to be very important to the DOH.  It's a bit like being jailed for a crime you didn't commit…being found innocent and released 3 months later, then being billed for all the costs of your incarceration.  If you don't pay up, you remain in jail. 

Oh, in the mean time, you lost your job, your incarceration was played out in the press, your home and office building went into foreclosure, all of your employees were let go and haven't found new jobs, your wife and friends no longer speak with you, your dog doesn't recognize you and you've been kicked out of your Sunday school class.  A bit of an exaggeration…but just a bit. 

Within 2 business days of the license suspension, Michael and his attorney delivered to the DOH complete and irrefutable evidence of Michael's innocence of the serious accusations.  The evidence was ignored.  The Board of Dentistry convened a probable cause panel of dentists.  Michael's attorney hand-delivered the same evidence to each panel member.  The panel ignored the evidence.  Later in the dental board hearing, after considering the lack of evidence to support the charges against Michael, the incoming Chairman of the Florida Board of Dentistry recommended dropping all charges against Michael.  The motion was seconded but did not receive a majority vote.

One week before the Florida Dental Board hearing, Michael took the unprecedented step of filing a formal complaint with the DOH against Investigator Knezevich.

The first business day AFTER the dental board meeting, the DOH initiated termination procedures against Knezevich…I suspect for gross misconduct.  The following day the Attorney General's office solicited information from Michael's attorney about possibly filing criminal charges against Knezevich.  Of course if this information had been available the day BEFORE at the dental board hearing, Michael may have had a more receptive audience.

Knezevich was a Gainesville police officer for 20 years attaining the rank of corporal.  My Army days would suggest he didn't advance very far in those 20 years.  A public records request by Michael showed some disturbing information about Knezevich…multiple driving while drinking violations, multiple internal affairs investigations, lying under oath, an extended suspension from the police force, scathing performance reviews, finally leading to a possible "quit or be fired" meeting.  He left the police force.  The DOH hired this guy.   He was their employee for 7 years.  

A public records request to the DOH revealed more of the same…scathing performance reviews, report filing violations, insubordination.  Knezevich liked to boast that "he puts dentists in jail."   Knezevich is a bad guy with a huge chip on his shoulder.

This begs the question…what was the DOH thinking when they hired this guy?  Either the DOH ignored his past history or they failed to do even a cursory background check…and they gave Knezevich cart-blanch authority, without adequate supervision, to act as judge, jury and executioner with Michael and other medical professionals. 

The actions of Knezevich, the DOH and the Florida Dental Board Probable Cause Panel are egregious.  The stress on Michael, Rebecca, their former employees and all of our families has been intense.  Michael and Rebecca are understandable disillusioned, anxious, distressed and uncertain about their future.  What this loving and caring couple has been put through is both tragic and unwarranted.

Thank you for taking your time to read this long email.  Colette and I appreciate you and thank you for the support of our family.  If so inclined, Michael can be reached at: tarver330@hotmail.com or 863-899-$%$$.

My best personal regards,

Buzz Tarver

863-838-#$##

The personal phones numbers were redacted by DTM

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Related:

 

On August 30, 2013 the Ocala Post published an article where Travers lashes out at patients and parents, blaming Medicaid patients for his woes. click here to see the article and Tarver’s Facebook post.

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September 10, 2013 WTEV issued a story where locals evidently were wore out with Dr. Michael Tarver and his ugly ways.  (click here to read the article and comments)

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Florida Dental Board allows Dr. Michael Tarver access to children after Florida Department of Health says he’s too dangerous

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Tip of the hat to Dr. John Armstrong and state investigator Michael Knezevich

 

 

Dr. John Armstrong and Michael Knezevich-
A Story of Two American Patriots

by: Michael W. Davis, DDS

Dr. John H. Armstrong led a highly distinguished and venerated career as a physician, in the US Army. His active duty responsibilities included orthopedic surgery, supervision of a specialized trauma unit, as well as education for our next generation of physicians. He assumed responsibility not only for active duty personnel injured in the line of combat duty, but also their families at times. As a command medical officer, he was there for the well being of our nation’s soldiers.

Dr. Armstrong fully comprehends working with a team, and within chain-of-command, to obtain the desired objective. He will get results. He will support his command subordinates, in the field. As such, he generates team morale. He serves as both a leader by example, and importantly as a teacher, mentor and coach, to his subordinates.

This is the remarkable individual, Florida Governor Rick Scott appointed to position of Florida State Surgeon General, in 2012.

(for more please read: http://www.floridahealth.gov/public-health-in-your-life/about-the-department/ssg/index.html)

Michael Knezevich is a retired police officer veteran, of over twenty years. His skin is calloused from years, of dealing with the criminal element in our society. It’s in his blood to “protect and serve”, the public welfare. Today, Mr. Knezevich works at a salary of approximately, $36,000 per anum, as a malpractice investigator for Florida’s Department of Health and Human Services. He investigates allegations of Medicaid and Medicare fraud, for basically a peanut’s income. Mr. Knezevich is only a few paychecks himself distanced, from the disadvantaged, who depend on government assistance. He’s often up against highly skilled white-collar criminals and medical professional criminals, who cheat the taxpayer and harm the most vulnerable in our society. Mr. Knezevich is definitely fighting the good fight, “in the trenches”.

The bipartisan US Senate report of July 2013, on corporate dentistry offered firm evidence of dental Medicaid fraud, as a well-established industry and business model, within the dental profession. Further troubling evidence has been provided by reports of Bloomberg Business News, PBS Frontline, investigative reporters Byron Harris and Roberta Baskin, Debbie Hagan’s “Dentist The Menace” online blog, etc. At the federal level, the Office of Inspector General for Health and Human Services has been continually admonished for “wrist slaps” on violators, which enable and perpetuate unlawful activities. Individual state auditors and regulators fare no better, in their enabling of Medicaid and Medicare abusers and fraudsters.

Dr. Thomas Floyd recently embarrassed Florida. He was an entrenched icon of organized dentistry, both in Florida and nationally. Dr. Floyd was allegedly involved in numerous acts of physical abuse of disadvantaged Medicaid children, going back for over a decade. Florida’s “good old boy” system gave him pass after pass. Allegations came and went, as did witnesses, but it was business as usual for Dr. Floyd. Florida’s regulatory authorities were in perpetual hiding, under their collective desks. Eventually, even this disturbing boil came to a head and popped. Dr. Floyd has since surrendered his dental license, and agreed to never again practice dentistry. However, this alleged Medicaid violator’s abuses were so egregious, this amounts to “a day late and a dollar short”, when it comes to protection of the public interest.

Next came the alleged actions against Dr. Michael Tarver, a pediatric dentist and Medicaid provider. His actions of amending patient records, after knowledge of those records being under Florida State investigation, have been confirmed. He added entries into patient records, but neglected to openly signify the amendments were at a later date, and not the day of patient care. This represents a potentially serious misrepresentation, which any first-year medical or dental student would be sanctioned for. In my personal work as an expert dental witness, this act alone usually changes the questions asked. It’s no longer a question of malpractice or not, but a question of fraud, and how severe the settlement will become against the violator.

Supporters of Dr. Tarver nitpick over a parent’s complaint of lack of informed consent for general anesthesia. In actuality, medicated conscience sedation was employed for the minor patient. Either way, medications were delivered to a child, which have known risks, without the consent of the parent, and with their expressed disapproval. Only a trained medical or dental expert is held to the standard of care, of understanding different levels of sedation and their associated risks. An untrained person can’t be held to medical/dental standard of care, but the doctor certainly is.

Dr. Tarver allegedly resuscitated a child patient, after they stopped breathing during dental treatment. The parent was allegedly never informed of this adverse clinical outcome, which violates standard of care, as well as Florida statutes relating to practice of dentistry. Parents were routinely denied access to accompany their children during dental care by Dr. Tarver, so they often had no direct knowledge of exactly how their children were being cared for. Although Dr. Tarver claimed in a press report, that the American Academy of Pediatric Dentistry (AAPD) condones his actions of denying parent’s access to their children during dental procedures, the opposite is the truth. The AAPD Guidelines state that most children behave better (not worse) with their parent’s presence. One is left to wonder, what Dr. Tarver may be hiding?

The Smile Center—San Antonio—Settles Malpractice Lawsuit Involving 253 Patients

As the San Antonio Express-News reported December 3, 2013, Dr. Stephen Simpton, owner and operator of  The Smile Center, with 6 clinics in the San Antonio, TX area settled the malpractice lawsuit involving 253 patients. Details still about the dollar amount of the settlement have not been released.

Shorty after the law suit was filed in 2011, Dr. Stephen Simpton filed a defamation lawsuit against the law firm representing the parents of the children, as well as the television station and reporter, Brian Collister. 

Protecting First Amendment rights in Texas, District Judge David Berchelmann’s ruling in July 2012, threw out the lawsuit against the attorney representing the parents, and ordered Simpton’s Smile Center to pay $108,000 in attorney fees and sanctions.  The following month Dr. Simpton was sanctioned for his attempt to silence WOAI-TV, and ordered to pay $70,000.

Simpton further tried to escape the spot light on his misdeeds, having his attorney, Mr. Jon Michael Smith, send “Cease and Desist” letters to anyone else who reported about the abuse taking place in his dental clinics, including Flap’s Dental Blog and this one.  This one actually received two, after the first one didn’t seem to phase me.

Kenneth Morris Wiggins, Jr., DDS–Medicaid Fraud: Former Ohio “prison dentist” who fled to the Netherlands is returned to Georgia and sentenced to 7 years in prison.

 

MARIETTA, GA — Dr. Kenneth Morris Wiggins, Jr. pleaded guilty and was sentenced Monday (November 25, 2013) in Cobb County Superior Court for Medicaid fraud. Records indicate between January 1, 2007 and March 11, 2009 Dr. Kenneth M. Wiggins, Jr.,owner of Cosmetic and Family Dentistry with two locations, one in Marietta and one in Roswell, defrauded the state and federal government of $2.2 million.  That, ladies and gentlemen would be you!

In perfect Joran Van Der Sloot style, Wiggins fled to the Netherlands after he was indicted by a Cobb County grand jury in 2011.  (Joran Van Der Sloot, you remember, is the admitted murder of Stephaney Flores and suspected murder of Natalee Halloway, who disappeared while on spring break in Aruba.) 

In February 2013, Wiggins was apprehended in Punta Gorda, Belize where U.S. Marshals transported him to Miami, Florida.  There he waived extradition, and subsequently returned to Cobb County, Georgia, where he has been held without bond.

According to a September 2011 report, Wiggins submitted some 7,000 fraudulent Medicaid claims on 220 patients for “tooth re-implantations and “complicated suturing of wounds” that he never performed.

Wiggins’ plea deal would satisfy any sweet tooth.  He pled guilty to 1 count of Medicaid fraud and Judge A. Gregory Poole sentenced him to 7 years in prison and restitution of $2,230,718.81.

Cosmetic and Family Dentistry, originally ownership was Dr. Kenneth Wiggins and his wife, Dr. DeAnthia Childs-Wiggins.  Cosmetic and Family Dentistry became Family First Dentistry in February 2012 with Dr. Wiggins wife, DeAnthia at the helm according to records at the Georgia Secretary of State’s website.  Searching Cobb County court records fails to find a divorce between Kenneth and DeAnthia Wiggins.

Just a wild guess, but I imagine more than that has been spent since the investigation of Dr. Wiggins began.

Medicaid dentists giving children multiple stainless steel crowns–Reddit

That’s the headline of a discussion happening over at reddit.  Check it out.

Discussion:

I have read news stories about a 4-year old girl named Savannah who had all of her teeth capped during a visit to an Arizona dentist. The mother believes she was scammed. There were cases where kids had almost all or all teeth capped and there were accusations of dental Medicaid fraud (Medicaid Dental Center in North Carolina). Papoose boards are used to restrain the kids.

If state dental boards are unable to stop this, how should the public stop it?

Comments

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.

Read more here

Are Dentists Drilling For Dollars?–Inside Edition Video Shocking Report of November 2013

Aired November 13, 2013

This  “metal mouth” epidemic has been reported since as early as 2003—if not before.  WJLA-TV did a shocking report in November 2007. 

It is 2013 and no one in government or governing agencies have bothered to stop it. 

Why?

I want some answers!

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Here is the contract information for the attorney mentioned in the above report.

Tom Crosley, Esq.
877-535-4529
information@crosleylaw.com

San Antonio Location
755 East Mulberry Ave
Suite 250
San Antonio, TX 78212
210-354-4500

Houston Location
4203 Montrose Blvd.
Suite 150
Houston, Texas 77006
281-661-4250

Rio Grand Valley Location
323 West Cano St
Suite 200
Edinburg, Texas 78539
956-314-0561

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."

“Dirty Dentist” sparks in-depth report on infection control in dentists offices that could (and should) spread nationwide

After news broke that patients of Dr. Wayne Scott Harrington's dental practice may have been exposed to HIV and two types of hepatitis, thousands of patients across the state were urged to get tested. It's a medical scare that's left many wondering how this could have happened, and how to keep it from happening again.

This story aired on the ONR on OETA-The Oklahoma Network. The reporter is Cathy Tatom; the photographer is Tony D'Astoli. For more information, go to the ONR web site www.news.oeta.tv and ONR blog http://blog.oeta.tv/onr For more about OETA-The Oklahoma Network, visit www.oeta.tv.
Published on Apr 8, 2013

Dr. Scott Harrington – November 2013 UPDATE: 100 Patients now test positive for Hepatitis, 4 test positive for HIV

A class-action lawsuit was filed against Oklahoma oral surgeon, Dr. W. Scott Harrington - license number 3666 (creepy) - on September 3, 2013; included were two assistants, Terri (Waugh) Velega and Lisa Young.  Now, more patients have tested positive for infections.

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In the class-action Terri (Waugh) Velega and Lisa Young are accused of administering IV sedation illegally.The lawsuit also accuses Hospira, Pharmaceutical Systems, and Southern Anesthesia & Surgical -- the makers, distributors, and marketers of the propofol used in Dr. Harrington's practice -- of selling multiuse vials that are "unreasonably dangerous and unfit for use as anesthesia in an oral surgery center because of the foreseeable misuse of treating multiple patients from the multiuse propofol vials."Class Action Complaint - Dr. W. Scott Harrington, filed September 2013

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Below are two of the latest reports:

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More patients test positive in Okla. infection scandal

By DrBicuspid Staff
November 15, 2013 -- Oklahoma health officials have confirmed that 100 patients of oral surgeon W. Scott Harrington, DMD, have now tested positive for hepatitis and HIV.
The state health department said 90 patients have tested positive for hepatitis C, six for hepatitis B, and four for HIV, according to a press release.
More than 4,200 people have been tested since the dental board launched in investigation in March. Health officials have notified 7,000 of Dr. Harrington's patients that they may have been exposed to blood-borne viruses at his Tulsa and Owasso offices and should be tested for hepatitis B, hepatitis C, and HIV.
The Oklahoma Board of Dentistry launched the investigation after being notified that health officials were looking into complaints about potential hepatitis C contamination at Dr. Harrington's practice. Investigators found numerous violations of health and safety laws, including the use of rusty instruments on patients known to have infectious diseases.
Two new lawsuits were filed against Dr. Harrington in November, according to a newson6.com story. The most recent case was filed on behalf of a man who had 14 teeth extracted last December.
A class-action lawsuit was filed in September by seven former patients, including five who claim they contracted infectious diseases during treatment at Dr. Harrington's dental clinics.
Dr. Harrington is scheduled to appear before the dental board on January 17, 2014, in Oklahoma City.

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Lawsuits Piling Up Against Tulsa Dentist Accused Of Spreading Diseases

TULSA, Oklahoma -
November 13, 2013 - The lawsuits are mounting against a Green Country dentist accused of exposing thousands of patients to diseases. Two new suits were filed against Dr. Scott Harrington this month.
The health department has confirmed 90 of Harrington's patients tested positive for hepatitis C, six for hepatitis B and for HIV.
Harrington's practices in Tulsa and Owasso have been locked up tight since March. The State Dentistry board said Harrington was using unsafe and unsanitary practices. He's now facing a number lawsuits by patients, who say the dirty practice left them with a potentially deadly disease.
"To think that it's happening in Tulsa, Oklahoma, it just boggles my mind," said Attorney Paul Boudreaux.
Boudreaux is representing five former patients of Dr. Scott Harrington.
9/18/2013 Related Story: Attorney Says Client Contracted Hepatitis C At Dentist Harrington's Office
The most recent case was filed on behalf of a Mannford man who went to Harrington to have 14 teeth extracted last December.
"Now his life is probably shortened, now he can look forward to significant health problems and treatment as a result of contracting hepatitis C, because he went to the dentist," Boudreaux said.
The attorney said the Tulsa Health Department told his client in April that he'd tested positive for the disease. He said the man is so ashamed by the diagnosis, he didn't want to go on camera.
"He's obviously devastated, as is his wife," Boudreaux said.
In September, the health department confirmed genetic tests by the CDC proved one of Harrington's patients transmitted hepatitis C to another patient. But a spokesperson with the state's health department told us Wednesday that only a select few of the positive results were sent to the CDC--those who met specific criteria, like having no other risk factors and matching the right time frame.
Boudreaux said his client lives a clean lifestyle.
6/18/2013 Related Story: More Lawsuits Filed Against Tulsa Dentist Scott Harrington
"He's a very healthy individual. He practices martial arts, he's a married man," he said.
Boudreaux said his client's DNA was not sent to the CDC, but he said the only place the man could have contracted the disease was in the dentist's chair.
"I certainly don't know of any indication, other than going to this dentist and having 14 teeth extracted by no telling what equipment," the attorney said.
The health department said it's unlikely any more results will be sent to the CDC.
Boudreaux said he has a team of experts examining his cases and said it's possible his clients will look into private genetic testing.

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According to court records, W. Scott Harrington was arrested following a DQI arrest in Dallas, Texas November 2, 2001
 
 
Other Videos News Reports on Dr. W. Scott Harrington:
March 29, 2013 – Local dentist reacts to allegations against Dr. Scott Harrington
March 29, 2013 – Dr. Gary Burnidge personally knows and defends Dr. Scott Harrington
March 29, 2013 - Tulsa dentist investigation gets national attention
March 29, 2013 – Dentist tracked down
March 30, 2013 – Dentist under investigation in Tulsa, OK has second Carefree, AZ home (neighbors shocked)
April 12, 2013- KOTV interviews attorney Pat Carr regarding Dr. Scott Harrington
patients not testing positive have “still suffered at Harrington’s hand”)
May (6, 2013 – Do you have a dirty dentist?
 
 
Reporters have interviewed attorneys representing patients of Dr. W. Scott Harrington. Below is the contact information for each.  

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Attorney Paul Boudreaux representing patients of Oklahoma dentist Scott Harrington
7447 South Lewis Avenue
Tulsa, Oklahoma 74136-6808
Phone – 877-777-4539 or 918-492-7674

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Attorney Pat Carr representing patients of Oklahoma dentist Scott Harrington
4416 S. Harvard Ave
Tulsa, OK  74135
Phone – 918-747-1000 or 800-777-4878

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Sill Law Group has filed the class-action against Dr. W. Scott Harrington
15005 N. Eastern Ave.
Edmond, OK  73013
Phone – 405-509-6300 or 855-329-8276

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