On January 25, 2010, ZOLL, KRANZ & BORGESS, LLC and its co-counsel CONTRADA & ASSOCIATES, were the first law firms in the nation to file a class action suit on behalf of the children who suffered unnecessary, improper, painful, and traumatic dental procedures, sedation and restraints at Small Smiles Dental Clinics across the country.

FORBA Holdings, LLC is a dental practice management company for a chain of at least 50 pediatric dental clinics operated under the name “Small Smiles” in at least 23 states that focus exclusively on providing dental services to children eligible for dental care under Medicaid and/or the applicable State Child Insurance Program. 

As alleged in the class action complaint, FORBA issued and enforced “billing production goals” for their nationwide clinics that were specifically designed to commit assault and battery upon minor children and defraud their unsuspecting parents and Medicaid by performing medically unnecessary and painful dental procedures upon children, including but not limited to: baby root canals, extractions, filings, crowns, and by improperly, unnecessarily or excessively using nitrous oxide sedation, physical restraints and/or behavior management techniques on the children during surgery in order to obtain additional compensation.

The complaint further alleges that the defendants had a policy of not allowing parents to attend their children in the examining room, and routinely used unqualified assistants to administer nitrous oxide sedation and perform x-rays. Further, it is alleged that FORBA encouraged its Small Smiles clinics to use papoose boards as a form of restraint, regardless of the necessity for restraint in order in submit additional charges. 

Papoose boards can be traumatizing to children placed on them and can result in children urinating on themselves, vomiting, sweating through their clothing, or otherwise exhibiting trauma symptoms. As alleged in the complaint, upon information and belief, employees of FORBA’s Small Smiles clinics were ordered to clean the children as much as possible before sending them back to their parents, including washing their clothes on many occasions so that the parents would not find out that the children had urinated or vomited on themselves.

As a result of the defendants’ fraud on Medicaid, on January 20, 2010, a 23-state settlement of $24 million between the United States and Defendant FORBA was reached. However, this settlement does not compensate any of the innocent child victims who suffered painful procedures and permanent trauma. 

If you believe your child may have received medically unnecessary or excessive treatment, x-rays, sedation and/or restraints at any of Defendant’s nationwide “Small Smiles” clinics, you should immediately seek legal representation from an experienced class action/mass tort lawyer. Our class action/mass tort litigation firm, ZOLL, KRANZ & BORGESS, LLC, has been recognized on a national level for its work in class actions and mass tort litigation on behalf of victims. You can call us toll free at (888) 841-9623 or email at pamela@toledolaw.com for a confidential review of your claim at no cost.

To view a copy of our Class Action Complaint, click here.