Here’s What To Do If You Missed The Small Smiles Abuse Lawsuit Deadline

Thousands of children across the country were abused while patients at Small Smiles, suffering uneccesary treatment while being strapped down and often with no pain medication.

After years of fighting, over 3,000 Small Smiles claims reached a global settlement of $43 million.

After 13abc reported on the Small Smiles settlement, many parents came forward to voice their concern that they just now learned about the abuse and the subsequent settlement. Unfortunately, Small Smiles filed bankruptcy several years ago and there were strict time limits as to when a claim could be filed.

In the bankruptcy, the Court set a date of May 13, 2016 that any and all claims had to be filed in order to receive an award.

After this date, all claims against Small Smiles, its clinics, or its insurance companies were barred and terminated.

As such, no one else can file a claim now be filed for an award under the bankruptcy.

Dental records were required to submit claims and as they have closed, it has be proven to be very difficult to get those records, if they even exist.

However, it still may be the case that your child may have a claim against the individual dentist that treated them.

Important things to know about filing a claim:

– Statute of limitations states that claims must be filed before the child turns age 19.

– In order to pursue a malpractice claim, you MUST have the Small Smile dental records. As the clinic closed and Small Smiles went bankrupt, that may be very difficult. Here’s where you can look:

  • Check with any dentist you saw after Small Smiles to see if they obtained copies of the records.
  • The Ohio State Dental Board in Columbus may be able to help; their phone number is (614) 466-2580
  • If you were on Medicaid, they may have billing records.

If you are able to get a copy of the records, let us know.  We will be happy to look at them for free and let you know if we see any evidence of malpractice. When you obtain the records, call us at 888-888-2110 and we would be happy to help you in any way we can.

10/11/16 UPDATE: Check out 13abc’s report on steps parents should take if they missed the Small Smiles lawsuit deadline.

Charles E. Boyk Law Offices, LLC