AUSTIN, Texas (CN) – The parents of a 14-month-old girl who died from complications of being under anesthesia claim in court that she was undergoing painful and unnecessary dental work in a scheme to bilk Medicaid of taxpayer dollars.
Betty Squier and Elizandro Torres sued dentist Michael Melanson, Austin Children's Dentistry, its owner Tal Shohamy, Texan Anesthesiology Association and anesthesiologist David Williams in Travis County District Court on Tuesday.
Squier and Torres are the parents of Daisy Lynn Torres, who died on March 29, 2016.
The lawsuit says children’s dentistry has become “a profit mill” where dental centers scheme to collect taxpayer-funded Medicaid money by systematically performing unnecessary dental procedures.
Dental centers specifically market to young, low-income parents whose infants and toddlers qualify for Medicaid-funded dental exams, according to the complaint. Dentists will recommend that parents consent to Medicaid-covered procedures for these children, whether or not such procedures are medically necessary, the complaint alleges.
The lawsuit also points out that pediatric dentistry is being impacted by changes to the corporate structure of children’s clinics.
“Austin Children's Dentistry is another example of a trend within the industry: dental clinics, or more commonly, chains of dental clinics , owned or controlled by non-dentist investors…A focus on patient care and wellbeing is replaced with the profit-making mindset,” the complaint says.
At the recommendation of Dr. Melanson, Squier says she took Daisy for her first check-up at Austin Children's Dentistry when she was about 6 months old in July 2015. The complaint notes that 6 months of age is the first time an appointment can be covered by Medicaid. Melanson allegedly did not make note of any problems with Daisy’s teeth at this time, nor did he at her next visit in November 2015.
On Jan. 6, 2016, Melanson saw Daisy again and noted a possible cavity and discoloration in a baby tooth, according to the complaint. She was to be re-evaluated in three months.
In March, Melanson allegedly said Daisy had two cavities that needed filling to prevent infection and also claimed that Daisy’s face was at risk of sinking in if the cavities were not filled. He told Squier to set up another appointment for Daisy but did not give details of the procedure to be performed, the complaint states.
The lawsuit then describes the tragic events of March 29. When Squier and Daisy arrived at Austin Children's Dentistry in the early morning, they were given papers to sign by Dr. Williams, a mobile anesthesiologist with Texan Anesthesiology.
He allegedly did not explain the procedure to be performed on Daisy that morning or discuss the additional risks of performing it in the office setting. He also did not mention the need for any root canals or crowns, according to the lawsuit.
Melanson later arrived and took Squier and Daisy to the treatment area—what appeared to be a normal dental chair—where the two cavities would be filled. Melanson said they would put a mask on Daisy’s face, count to 10, and she would go under, the complaint states.