Syracuse, New York – The first of 32 New York cases involving Small Smiles ended in dramatic fashion. After the six-member jury surprisingly delivered its verdict for defendants, the Judge went into the juror room to talk with the jurors. What unfolded next played out like a Hollywood movie.

Scared jurors disclosed to the judge that they believed they had been stalked throughout the 15 day trial by a strange man who associated himself with the Small Smile’s defendants.  They described the man as “creepy” and “very seedy”. They told the judge the mysterious man followed them every day, everywhere they went – restroom breaks, elevators, lunch.  He possibly even videotaped them. Jurors reported that during one lunch break they attempted to get away from the man and ducked into a restaurant. Peeking through the restaurant window, jurors could see the man panic because he lost track of them.

One juror eventually confronted the man, asking if he was a reporter. The mysterious man simply responded “I’m sorry, but I can’t answer your question”. The jurors told the judge they had seen the man associating with defendants and that they felt scared.

Why is there a Small Smiles trial going on?

So who was the man? His name is Scott Greenspan, an attorney in the Sedgwick law firm. A large international law firm that represents the insurance giant AIG. When questioned by the judge, Mr. Greenspan responded that he was hired by his client, AIG, to monitor the trial. AIG provided Small Smiles with liability insurance, as much as a billion dollars worth of liability insurance, and is a party in major litigation in federal court over whether the coverage is applicable in the suits by children against a now bankruptcy Small Smiles. Denise D’Assaro, a Complex Claims Director at AIG, hired Sedgwick and Mr. Greenspan to serve as an operative for AIG in the Small Smiles trial. 

The Court ordered a new trial, finding that Scott Greenspan continuously and inappropriately followed and monitored the jurors. The jurors came to believe their creepy stalker worked for defendants. The court found that attorney Scott Greenspan engaged in improper misconduct that had the effect of intimidating the jury and causing them fear. The Court concluded that the jury’s verdict for the defense is a strong indication that the perceived intimidation by Scott Greenspan was successful.

The acts of AIG, Sedgwick Law, and Mr. Scott Greenspan, are very disturbing and reflective of the lengths they will go to this litigation.  Regardless, the litigation against Small Smiles and their giant insurance companies will move forward.  We wish our friends in New York all the best in their new, and hopefully fair, trial.

If your child was a patient at any Small Smiles clinic and you have reason to believe that he or she received unecessary treatment, please call us toll-free at 800-637-8170 or fill out our online contact form for more information. 

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