Fighting For The Children Gets Blogger Sued by FORBA-Small Smiles

Well it's finally happened, to some I'm sure they are so enjoying it but to others not so much.

FORBA is suing this blogger for defamation among other things like posting that very revealing list of all their clinics and the numerous name they go under.

I'm not sure exactly what they want. I signed a Consent Injunction agreeing to remove the documents they let get put out on the world wide web. I guess they really weren't realizing what the www stood for when posting stuff on the Internet for all to see. They are claiming the documents were trade secrets or copyrighted.

However I don't understand how they can claim something is a 'Trade Secret' when it appears they released them to the Internet to be indexed and cached by Google.

I have until December 4, 2008 to file my ''Answer" to their Complaint. However I guess they are wanting to bombard me with legal papers since today I received a package, well actually 2, they sent one certified and the other just regular mail, seems like a waste to me, but whatever.

In this packet were their first set of Interrogatories. Questions they want me to answer under oath, it's part of the 'Discovery' stage in a lawsuit. I wish they would at least let me file my answer for heavens sake.

They've not cared what has been said or posted on this blog since it's beginning in January 2008, but the moment I posted a spreadsheet that could be incriminating depending on how you see it, I was slapped with a lawsuit. Guess I really hit a nerve and there were things on the document they sure didn't want anyone to see. They could have easily sent a Cease and Desist letter or request a retraction at any time but they never bothered.

Honestly I'm not sure why they worry about my little ole blog anyway. They are my biggest visitors. In fact if they didn't visit so often my blog probably would rate as high as it does in the search engines.

This is all been filed in Federal Court since it involves 'trade secrets' and we are in two different states.

Funny thing is, I think FORBA is involved in a lawsuit in Texas over copyright infringement themselves between a dental clinic called Texas Smiles Dental and them setting up shop down there under the name Texas Smiles. Kettle-Black, right.

I now clearly understand what employees mean when they post that they are bullies and you better shape up or ship out or they will come down hard on you. (paraphrasing here) They certainly play hardball.

I'm wondering why they decided it was me they went after. After all they have been on news stations and had several thorough investigations done on them by the main stream media, heck they were even on Good Morning America. My guess is that I'm the easiest target and they are mad and need to take it out on somebody.

But as bad a reputation as they have, being in the news numerous times, have horrific reviews on hundreds of message boards all over the Internet, seem to me they are kind of libel proof. If a person is bad and has been bad for a long time, and it's been common knowledge kind of hard to get upset and cry foul just because someone else joined in on that opinion for example.

I also understand how the parents of the patients who have suffered at the hands of FORBA's Small Smiles dentists and not having the funds or resources to bring suit and fight for your rights in court.

Anyway like I was saying, today I got my Interrogatories and boy some of the questions on there are ambiguous and down right silly to say the least.

I'll give you some examples:

1. Name internet domain names (by URL) and email address that you have created controlled, owned, used, and or operated in the past or present.

2. Identify (by make and model) all computers from which you have updated the website and all computers you have sent or received email over the past 5 years!

3. State all facts, and identify all documents and 'things' evidencing such facts, of which you are aware that support your representation that:

a. FORBA practices abusive dental care

b. dental clinics managed by FORBA have quotas to meet with respect to the number of patients served per day.

c. FORBA does unnecessary dental work, abuses children for profit and fraudulently bills medicaid.

4. Produce all records (whether in digital, paper or any other form) of all entries posted to the website, whether or not those entries still appear as of today's date.

(I guess they want me to pull stuff out of thin air, or create things that are just not there, gone and forgotten about)

5. Produce your home computer and any and all other computers you have used in the last 5 years for email correspondence for inspection and for the purposes of making a forensic image of the hard drives of such computers.

(I sure would like to have a little 'look see' in all their computers too, oh and all their correspondence and emails, and documents and files etc.)

The local Cyber Cafe is going to be a bit upset when I try to take one of their computers, telling them I had to cause FORBA wants it.

6. Produce all documents and 'things' that reference or reflect any posting by you to any Internet website other than my blog where such posting discusses or relates to FORBA.

Like I said, these are just a few of their requests. I have the right to object to each and every one of them.

I'm taking it FORBA / Small Smiles wants to stay in the news for as long as possible.

Anyway if you want to see the complaint, send me an email and I'll get you a copy.

What we have here is a very slippery slope where our First Amendment Rights are being attacked. I for one can tell you FORBA sure doesn't want to be critiqued, doesn't want you to have a negative opinion of them, or try to get laws changed so that clinics like them can't operate in states. Which is an infringement on my (our) right to petition.

They are giving me much more credit that I deserve if little ole me can do more damage to their reputation that main stream media and highly regarded investigative reporters. I should be flattered.

Anyway this has just given me something else to fight with FORBA about.

More Parents Respond To Kool Smiles Report By WAVY TV Reporter Derrick Rose

Click here to read all the stories from parents. They just go on and on, story after story and who is stopping this? Nobody so far!

WAVY TV Reports on Complaints about Kool Smiles

WAVY TV's , an NBC affiliate serving Norfolk, Portsmouth and Newport News Virginia, Derrick Rose reports on the usual complaints about the treatment of children at chain dental clinics catering to underserved children on medicaid that are operating in various states across the US.

Kool Smiles was created by Dr. Tu Tran and Dr. Thien Pham who trained with then broke from Drs. Michael DeRose and Dr. Ed DeRose who were the creators of Small Smiles/FOBRA that has hit the news in many areas including Good Morning America.

Click Here To Read Derricks Report

Forba/Small Smiles Entering Orthodontics Market

Looks like just doing unnecessary dental work. abusing children for profit and fraudulently billing medicaid isn't enough for Small Smiles. They are now looking to venture into orthodontics.

See job listing for an orthodontist in MA.

If their orthodontic work is anything like their general dentistry work the children's teeth will go from perfectly aligned to completely screwed up.

If you are an Orthodontist applying for a job at Small Smiles I suggest you do your homework before even thinking about considering a job with this horrible company.

Small Smiles New Signage For It's Albany, NY Clinic

This is the new face of Forba's (Small Smiles) Clinic in Albany, NY.

It's now called Access Dentistry Albany on the window, however when Dr. Izadi was looking for new employees online his email was albanyaccessdentistry.com.

As you can clearly see Dr. Izadi is still there just as he was when the place was called Small Smiles.

Look, it's clear that as Small Smiles hit the air waves there under a cloud of allegations of Dr. Izadi abusing children and defrauding Medicaid Forba simply changed the name of the clinic, had Dr. Izadi apply to receive Medicaid payments directly instead of through Forba and it was business as usual. They didn't skip a beat. Within 10 days of being shut out of the NY Medicaid program in May of 2008 they were back in business. I'm not sure they ever locked the door on the place during those few days.

It's reported that payments from Medicaid are deposited into a bank in Wisconsin and guess where Forba/Small Smiles banks, yep Associated Bank located in Wisconsin.

Don't be fooled folks, this is still the same Small Smiles office that was reported on by Steve Flamisch, they have just changed the signage. Be sure to see his reports on this site.

Do Not take your children there for dental care!

Dad tackles Smile Starters Dentist

It doesn't look like things have changed any under the so called new management at Smile Starters in North Carolina.  (BTW, it's still under Michael DeRose control)

Here is a comment I got just two days ago.

My friend took her son there for his first dental visit and has vowed never to return. She managed to witness the staff attempting to restrain her infant son into a straight jacket, which they said was needed to keep him from moving and potentially injuring himself. Then she checked a little later and the doctor had a fist inches away from her sons face at which point her husband tackled the doctor and she grabbed her son. They are suing.

Current Review Shows Nothing Has Changed At Small Smiles

Recent Review of Dr. Erin Haggard at Small Smiles in Oklahoma City:

This was posted 8-20-08, just a few days ago. After reading it you can see NOTHING is changing at Small Smiles.

My friend just took her 3 year old son to this place and had a nightmare experience. They tied him up and didn't notify her, she only found out because he wet his pants and when she asked him what happened he said they didn't let him go because he was tied up. When she went back in to ask them about it they said that it was something common for them. The treatment they gave him was silver caps, which she found out later were absolutely not necessary. The reason she found this out was because he had a big cut on his lip (which they claimed was from him bitting himself) and the cut got a really bad infection, which SS wouldn't treat so she had to go to another dentist and that's when she was told the caps were not even needed.
Needless to say, this place is HORRIBLE!
Just ask yourself: why won't they let you go to the back with your child?!

"Drilling For Dollars" Wins Emmy

On Monday evening, September 22, 2008, Roberta Baskin, was awarded a national Emmy for her multi-part exposé on Small Smiles, a chain of pediatric dentist centers that preyed and profitted on children and the Medicaid system. Roberta previously won the Scripps-Howard Award for National Journalism for her series.

Comment From Nancy Mastreno

Below is a comment I received the other day. I will say these kind are few and far between but they show the ignorance of some people. I wonder if Nancy ever stopped to wonder just where a dentist got the kind of money the DeRose's portray they have. Giving millions here, hundreds of thousands there, establishing million dollar endowments at Universities etc. For heavens sake Michael and Eddie were just dentists! Nancy needs to get a clue. I bet there are a few of my readers who would love to enlighten Ms. Mastreno.

Who are you and what kind of a grudge do you have. You really need to get a life. I have known the DeRose family almost my entire life and have witnessed their generosity. Yes, they and many others contributed to building this stadium and bringing football back to CSU Pueblo. It is great for the community and the school. My first dental assisting job was with Dr. Eddie when I was still in high school many many years ago. I am still in dentistry, but in another dental office with no connection to the DeRoses, and I have nothing but respect for this family. They have given back to this community many times over and most people don't even know how generous they are because they don't give with the condition of posting what they do. You must need to get a life and stop being so obsessed with this family. Nancy Mastreno

Albany Access Dentistry - Former Small Smiles Still Getting Medicaid Dollars

Dentists Getting State Money, Despite State Investigations

August 14, 2008 - 7:43PM

Steve Flamisch

They're under state investigation, but they're still collecting state money.

Small Smiles Dentistry, which removed all traces of its name in late May, is now known simply as a "dentist's office." New York terminated the Colonie children's dental clinic from its Medicaid program on May 24, but the two remaining dentists subsequently applied for and received their own Medicaid provider numbers, a source in state government said.

That means they are legally working on children and collecting state reimbursements, even as three state agencies investigate their alleged misconduct.

Those allegations, made by three ex-employees and 107 parents, mirror claims made against Small Smiles locations in several other cities nationwide: that dentists performed rushed and unnecessary procedures in pursuit of lucrative bonuses and Medicaid money. Your taxpayer money.

In a recent survey of 29 Small Smiles parents:

• 17 / 29 said they requested -- but were denied -- the ability to sit with their child(ren) during treatment

• 12 / 29 said their child(ren) was/were placed under a papoose board, unable to move his/their arms and legs

• 3 / 29 said they did not consent to the use of that papoose board in advance

• 18 / 29 said the dentist placed crowns on their child(ren)'s baby teeth (as many as eight crowns in one sitting)

• 12 / 29 said their child(ren) developed complications, including bleeding, infection, and severe pain

• 6 / 29 said another dentist later told them the work done at Small Smiles was not necessary

In sometimes scathing statements, a few parents said their children were screaming in pain because the dentist did not wait for the Novocain to take effect, or skipped it altogether. Other parents described staff members placing dirty instruments back in the drawer, or in their child's mouth.

With the parents' written permission, CBS 6 mailed copies all of the questionnaires and statements to state investigators from three departments. One agency -- the State Education Department's Office of Professional Discipline -- had filed a subpoena, requesting related documents. That agency licenses the dentists.

Small Smiles corporate spokesman Don Meyer, who has called CBS 6's reporting of the allegations "a striking case of substandard journalism" full of "baseless claims," offered a generic response to the parents:

"We handle parent concerns on a case-by-case basis. Parents are encouraged to contact their child's dental center directly (464-0402) or call our 800 number. As previously stated, we take any concern seriously, and take immediate action to remedy problems if and when they occur."

Meyer promised an explanation for the name change at the Colonie clinic, but he had not offered one by Thursday night.

Stay with CBS 6 News for the latest on the state investigations.

EDITORIAL NOTE: Dr. Maziar Izadi, who retreated from a CBS 6 camera crew when approached for comment in March, is still practicing at the former Small Smiles clinic. CBS 6 is withholding the name of the other dentist because he, unlike Izadi, was not named by any parents.

Most parents said they didn't know who worked on their child(ren), because they never met the dentist. Only a dental assistant came to the waiting room to speak to them.