Veterans File Suit After Dentist’s Unsanitary Habits Risked Exposure to Deadly Viruses

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On November 1, 2017, a dentist working at a U.S. Department of Veterans Affairs (VA) medical center in Wisconsin engaged in un-sterile practices that could have exposed patients to deadly viruses. Tomas Schiller’s actions caused patients emotional distress, a proposed class action claimed in Wisconsin federal court. The suit involves six veterans who received dental work from Schiller at the Tomah VA Medical Center between October 2016 and October 2017.

Alleged Violations.

According to the six veterans involved, the dentist violated infection control standards established by the American Dental Association (ADA), the Occupational Safety and Health Administration(OSHA), the Centers for Disease Control (CDC) and Prevention and the Department of Veterans Affairs, putting his patients in danger. The patients underwent blood testing to determine if they had been infected with hepatitis B, hepatitis C or HIV from the alleged misconduct and suffered “severe emotional distress” while awaiting the results, the suit says.

He allegedly used un-sterile dental devices that he attempted to disinfect with a product often used to clean floors, reused single-use devices on multiple patients, didn’t wash his hands or wear protective equipment and sometimes slept at his desk during work hours.

Turning the Other Cheek.

According to the suit, a dental assistant noticed the alleged misconduct and told at least two supervisors who neglected to do anything. Additionally, several other employees knew of his actions, but managers indicated on a professional evaluation form in 2016 that they had “no concerns regarding competency,” according to the complaint. Managers eventually confronted Schiller about his behavior that fall, at which point he admitted that he believed using and reusing the unsterile devices was “common practice,” according to the suit.

The Patients.

After the alleged misconduct was revealed, the medical center sent patients a letter informing patients that they were at risk of having been infected with deadly viruses, the suit says. They then underwent blood testing, but patients who had received dental services within the past six months had to wait another six months to undergo testing to ensure the viruses would be detectable, the complaint notes.

All of the patients who had blood work done tested negative for the viruses, although the waiting period was emotionally painful, the suit says. The patients allege negligent infliction of emotional distress and negligent training, supervision and retention.

To read the complaint in full, click here.

In 2013, there was a similar case of an Oklahoma dentist who exposed 7,000 patients to HIV due to unsanitary conditions and violations. Click here to read my prior blog on this case.

Contact Experienced Health Law Attorneys in the Representation of Dentists and Other Health Professionals.

The Health Law Firm routinely represents dentists, dental technicians, pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing dentists and dental hygienists and other health professionals in investigations and at Board of dentistry hearings and other legal matters.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com

Sources:

Graf, Rachel. “Dentist’s Unsanitary Habits Put Vets At Risk, Suit Says.” Law360. (November 1, 2017). Web.
“Dentist’s Unsanitary Habits Put Vets At Risk.” Lexis Nexis. (November 1, 2017). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for dentists, dentist defense attorney, legal representation for American Dental Association (ADA) investigations, legal representation for criminal matters for health professionals, dentist licensure defense attorney, legal representation for licensure defense, legal representation for dental facilities, legal representation for Department of Health (DOH) investigations, legal representation for U.S. Department of Veteran Affairs (VA) investigations, legal representation for veterans, veteran defense attorney, health law defense attorney, legal representation for health care professionals, legal counsel for dentists, dental law attorney, dental law defense attorney, The Health Law Firm, reviews of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

 

 

 

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Accused Dental Supply Manufacturers Argue Antitrust Suit Belongs In Arbitration

1 Indest-2008-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On March 21, 2017, accused dental suppliers in an antitrust suit told the U.S. Fifth Circuit Court of Appeals that a Texas federal judge was wrong to override an arbitration agreement. The antitrust suit involves a dental supply manufacturer as a plaintiff. It accused six others of unfairly pushing it out of the market. U.S. District Judge Rodney Gilstrap overturned a magistrate’s decision to send the case to arbitration. But the six suppliers argued that the district court judge improperly relied on unspecified injunctive relief which is only a minor part of the case.

Does the Case Belong in Court?

The plaintiff, Archer and White Sales, Inc. (Archer), first filed its suit against Henry Schein Inc., the Danaher Corp., Instrumentarium Dental Inc., Dental Equipment LLC, Kavo Dental Technologies and Dental Imaging Technologies Corp. in August 2012. Most of these are names that any dentists would recognize.

The magistrate had ruled that because the case involves more than just a request for injunctive relief, it should be referred to arbitration and the arbitrator should decide whether the case belongs in court. The agreement between the two parties does incorporate the American Arbitration Association’s (AAA) rules, which state that arbitrators have the right to decide questions of arbitrability. To read the brief from this case in full, click here.

Click here to visit our website and learn more about the specifics of arbitration.

To read one of my prior blogs involving cases of arbitration, click here.

Contact Experienced Health Law Attorneys in the Representation of Dentists and Other Health Professionals.

The Health Law Firm routinely represents dentists, dental technicians, pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing dentists and dental hygienists and other health professionals in investigations and at Board of dentistry hearings and other legal matters. Call now or visit our website http://www.TheHealthLawFirm.com.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.TheHealthLawFirm.com

Sources:

Kass, Dani. “Dental Supply Cos. Say Antitrust Suit Belongs In Arbitration.” Law360. (March 21, 2017). Web.

Kass, Dani. “Dentists Say Small Supplier Joined Price-Fixing Conspiracy.” Law360. (February 17, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.