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.
Thursday, November 21, 2013
AIG’s “Creepy” and “Seedy” Stalking Attorney Story from Dr. Bicuspid’s Donna Domino
Wednesday, November 20, 2013
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!
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.
'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
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
Below are two of the latest reports:
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
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.
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.
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.
Attorney Paul Boudreaux representing patients of Oklahoma dentist Scott Harrington7447 South Lewis Avenue
Tulsa, Oklahoma 74136-6808
Phone – 877-777-4539 or 918-492-7674
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
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
Tuesday, November 19, 2013
AIG’s stalking attorney, Scott Greenspan is making headlines.
AIG’s stalking attorney, Scott Greenspan is making headlines. Below is the article from The Post-Standard in Syracuse, NY. Most interesting are the comments. I’ve reposted just a few following the article. There is an article at the New York Law Journal as well – subscription required
'Creepy' jury stalker hired by insurance giant AIG forces retrial in Syracuse dentistry malpractice case
Douglass Dowty | ddowty@syracuse.com By Douglass Dowty ddowty@syracuse.com
November 19, 2013 at 6:07 AMSyracuse, NY -- A jury's finding of no wrongdoing against a Syracuse dentistry accused of mistreating poor children will not stand after a "creepy" jury stalker prejudiced the verdict, a judge ruled Monday.
State Supreme Court Justice Deborah Karalunas ordered a new trial in the malpractice case against Small Smiles dental clinic, which operated on South Geddes Street before closing in March 2012.
The parents of Jeremy Bohn were among nearly three dozen to accuse Small Smiles of unneeded and improper treatment involving poor children. Bohn's case was decided by jury in October, which found no wrongdoing by the dental clinic.
But in a weird twist, the jurors complained to the judge after the trial about a stalker. The man was identified as Scott Greenspan, who said he was hired by the dental clinic's insurance company, AIG. Greenspan told the judge he was hired to observe the trial, nothing more.
But here are some descriptions of Greenspan's actions, taken from court transcripts after the trial:
Judge Karalunas:
The first question the jurors asked me was whether they did a good job. The second
question the jurors asked me was who was the individual who was stalking them
throughout this trial. When I inquired of the jurors what did the person look like who was "stalking" them, to use the juror's word, they advised me that it was the individual who I had admonished - I don't know that the jury used that word - during the course of the trial, the individual with the computer.
Monday, November 18, 2013
Aspen Dental Nightmares on Facebook
If you have an Aspen Dental Nightmare, there is a Facebook page dedicated to such.
https://www.facebook.com/pages/Aspen-Dental-Nightmares/213106462203040?fref=ts
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
Florida Dental Board allows Dr. Michael Tarver access to children after Florida Department of Health says he’s too dangerous
Apparently the Florida Board of Dentistry is more concerned about “saving face” of one of their licensees—Dr. Michael Addair Tarver— than they are about the safety of the public, most notably, children.
At a board hearing on November 15, 2013, the board voted to reinstate the dental license of Dr. Michael Addair Tarver and agreed to a proposed settlement with a few changes. Reports say the Dental Board members agreed to “reduce the fine imposed by 1/2; from $15,000 to $7,000 and to removed a stipulation whereby Dr.Tarver must publish a 2,500 word article. (don’t worry, Dr. T, I think the the 2,500 word article is covered)
In September 2013, the Surgeon General and Secretary of Health, John H. Armstrong, MD, FACS, issued an Emergency Suspension Order for the dental license of Dr. Tarver after an investigation of serious allegations of patient endangerment and malpractice. (see Background below)
According to the Ocala Post article, Tarver admitted he would sedate children if they misbehaved! This is far past outrageous! It’s criminal!!! What next will happen that sends the message it is acceptable to sedate a child for misbehaving?! Teachers? Daycare providers? Parents? Grandparents? Does this not scare anyone but me?!
Tarver must also complete continuing education on Ethics and keeping Dental Records. By reading the Emergency Suspension Order, Tarver knows all about record keeping, since he was able to go into the computer an altered many of them. Maybe this required CE class is about how to restrain the urge to alter patient records when investigators come knocking. Reports also say he must be “monitored” by another dentists, someone other than his wife.
WSJ - Getting a Grip on Dental Expenses
LOL, ya gotta love it. There’s a “grip” on it alright. A damn tight one!
Getting a Grip on Dental Expenses
Health Law Should Help Children and Some Low-Income Adults
By Kristen Gerencher
Nov. 16, 2013 8:05 p.m. ET
Oral health typically isn't covered by traditional health insurance, but kids and low-income adults soon may have more opportunity to take care of their teeth. As many as 8.7 million children are expected to gain dental insurance through the Affordable Care Act by 2018, according to the American Dental Association, though some experts expect a more modest addition of about 5 million children.
The news for adults is mixed. Medicaid, the federal and state health-insurance program for low-income people, will expand in some states under the health-reform law, providing more adults with dental coverage. While 29 states offer adult Medicaid recipients limited or comprehensive dental coverage, 21 states offer bare-bones, emergency-only coverage—or none at all, according to Oral Health America, a national nonprofit based in Chicago.
Medicare, the federal insurer for the disabled and for adults 65 or older, doesn't cover routine dental care, so many seniors still face hefty out-of-pocket costs. Two-thirds of 407 seniors earning less than $35,000 a year said they couldn't afford a procedure such as a crown, implant or bridge, according to a recent survey by Oral Health America and Harris Interactive.
Here are a few tips for managing dental costs, whether you're shopping for insurance or discounts:
Starting Jan. 1, more kids may find coverage through Medicaid, as 25 states and the District of Columbia make plans to expand the program, and through state or federal health-insurance exchanges. But the options can be confusing. Only two states, Washington and Nevada, require families who shop for health coverage on the exchanges to buy pediatric dental insurance as well, says Evelyn Ireland, executive director of the National Association of Dental Plans in Dallas.
On the exchanges, you need to weigh whether to buy a separate "stand-alone" dental plan or one that is part of a health plan. In some markets, because of the way deductibles are structured and because premiums could exceed the cost of expected care, it may make more financial sense to forgo dental coverage altogether.
If you choose to get pediatric dental coverage through a medical plan, check to see how the deductible is applied, Ms. Ireland says. "We've seen them all over the map," she says. The health plan may require you to pay its deductible before the dental plan will cover routine care such as well-child cleanings, sealants and X-rays. Because dental insurance has traditionally paid the full cost of preventative care, "it will be a big shock if [consumers] go under a medical plan and end up having to pay all of it out of pocket instead of none of it out of pocket."
