Author Topic: Class Action Against Orthodontic Colleges and Manufacturers of Headgear  (Read 3737 times)

OmarL

  • New Member
  • Posts: 3
    • View Profile
Hi All,

I'm new here and am launching a class action against orthodontic colleges and/or manufacturers of retractive orthodontic appliances.  This is my story in short, and I'm sure many you have the same story:  When I was 11 yrs old, I had headgear for two years.  The retraction of my maxilla caused by the headgear stunted the growth of my upper airway.  My upper airway today is about 1/4 the size it should be and I sleep with a CPAP machine so that I can breath at night.  Orthodontists are not taught to avoid damage to the upper airway when restricting growth of the maxilla, which in large part forms the upper airway.  In practice, they assume the airway will be okay, however, they don't have any qualifications to make this assumption.  This is called willful negligence and a class action lawsuit could prevent many children from having their airways (and other physical characteristics) compromised.  The fact that orthodontic colleges miss this point all together in their curriculae and that manufacturers don't have warning labels on their products are both also negligent.

Join me in this fight to change orthodontic practice for the better.

Thanks,
Omar

Class Action Against Orthodontic Colleges & Associations
- Organizing out of Vancouver, BC


Contact: 
Omar Lalani
olalani@gmail.com

Were you ever given headgear or fixed braces/retainers and told they were designed to restrict to the growth of your upper jaw, so that your lower jaw could catch up to correct an overbite?  Do you now have sleep apnea, a compromised airway, a flattened facial profile from the side, or constant fatigue and/or chronic neck and back pain?  If so, you may want to consider taking part in a class action against orthodontic associations and colleges for knowingly teaching and spreading practices that are harmful to the public without appropriate patient disclosure, when non-harmful alternatives to such practices have been available for decades.  Orthodontic colleges teach that restricting the growth of the maxilla (upper jaw) through headgear and other devices will allow a child's mandible (lower jaw) to catch up in order to correct an overbite.  The problem with this is that the position of the maxilla directly impacts the dimensions and shape of the airway; this is a known fact of anatomy.  Therefore, restricting the growth of the maxilla is the equivalent of restricting a component of the upper airway, and a restricted airway can have disastrous lifelong health consequences, including but not limited to sleep apnea.  Orthodontic colleges do not teach future practitioners of this danger, nor the need to inform potential patients of this danger, yet professionals who govern the colleges are fully aware of the anatomical relationship between the maxilla and the airway.  Since the 1920's, alternatives to restrictive - also referred to as retractive orthodontics - have been in practice in many parts of the world and have been well documented in orthodontic circles.  These practices include the use of functional orthopedic appliances that encourage forward and lateral growth of the upper and lower jaws, and hence do not put restrictive forces on the growth of the upper airway.  Despite these technologies being available, many orthodontic colleges continue to teach retractive methods, and many orthodontists today continue to adversely impact the airways of the children they treat, without informing parents and patients of this risk and the alternatives.

For this class action to be successful, enough people need to come forward in an organized way.  Once 100 names and stories are collected, I will proceed to have the class action registered.

The class action lawsuit will contend that orthodontic colleges and associations have been engaged in willful negligence towards patients and society in general.  No orthodontist can deny their knowledge of the anatomical relationship between the maxilla and the airway, nor can they deny that there are consequences to restricting the growth of the airway.  No orthodontist can claim that they have the knowledge and qualifications to evaluate impacts to the structure and function of the airway, yet they continue to use techniques that adversely impact the airway.  Worse yet, they are not taught to consult respirologists or ear, nose and throat doctors during the course of orthodontic treatment to fully understand the impact of the restrictive forces they are putting on the airway.  Add to that the fact that there are non-restrictive alternatives and the lack instruction to issue disclosure to parents and patients of all of the above, i.e. teaching and using retractive methods in the presence of awareness of consequences, lack of knowledge on how to evaluate the consequences, a willful lack of consultation with qualified experts along with a willful disregard for alternatives and what we have is a classic case of willful negligence that is institutionalized.

If you were given headgear, were not informed of potential adverse consequences to your airway and were not informed of non-retractive alternatives, please list your name, your contact information and send me your story to be a potential claimant in this class action that is currently in the works.

Once again, my name is Omar Lalani and I can be reached at olalani@gmail.com.  I will respect your privacy and your information will only be used for submission in the class action registration and proceedings.  Alternatively, simply post your story here as a reply.
« Last Edit: January 15, 2014, 04:04:35 pm by OmarL »

Share on Facebook Share on Twitter


Matt91

  • Sr. Member
  • ****
  • Posts: 30
    • View Profile
Whilst I am new to this stuff and have very little experience in it, you are certainly worthy of praise and commendation for seeking to make a formal challenge towards the orthodoxy in this way. Speaking for myself, I am so jaded, having uncovered all of the myriad lies and conspiracies, that I have pretty much dropped any hope I may have had for these kinds of changes.

My problems are not orthodontic in origin, but pretty crippling nonetheless.

I would imagine that many of us here are very angry at having our lives intruded upon, impeded, or even totally ruined by the deleterious effects of allopathic/mainstream medicine and it's offshoots, and the irresponsible, unaccountable practitioners that must surely be aware on some level, as to what they are doing. The terrible pain and suffering, the loss of opportunities, friends and loved ones dead before their time... it's not good.

And it won't be changing any time soon.

*Sigh*
“Love says 'I am everything.' Wisdom says 'I am nothing.' Between the two, my life flows.”

― Sri Nisargadatta Maharaj, I Am That

Gaia

  • Sr. Member
  • ****
  • Posts: 30
    • View Profile
Yes, kudos to Omar! I've already shared my story with him and I encourage anybody here who has had a similar experience to do the same. Also, we could share this on blogs and other message boards.

Why not broaden the topic to all kinds of retractive treatments/appliances and not just headgear? And why not include people who just had crooked teeth (without any overbite/overjet) and were given this kind of growth restricting treatment? As far as appliances go there are other kinds that work like headgear, for example Twin blocks, Bionator, Mara and Herbst appliance.
Or would that be too broad for a legal process?

bstratt25

  • Administrator
  • Hero Member
  • *****
  • Posts: 89
    • View Profile
Awesome Omar, that's a fight worth fighting.

OmarL

  • New Member
  • Posts: 3
    • View Profile
We need more stories people...

rachel

  • Jr. Member
  • Posts: 6
    • View Profile
Hey Omar --

So I am guessing that you are trying to organize a lawsuit within the Canadian legal system, yes? I understand that class action lawsuits in Canada are both separate from US (derr) and also newer than in the US.

I'm personally quite upset about the disfiguration, confusion, and money spent attempting to fix my **** orthodontic work. Two points I think are important to your case:

1) Constricting a growing skull in teenage and pre-teen years (through restrictive orthodontic work(when the skull is growing/forming)) is obviously illogical, ethically irresponsible, and proven to cause restricted airways.

2) Many children and teens (being under the control of their parents and/or uneducated in their options) do not have a choice in whether they want to have orthodontic work done. This is essentially a cosmetic procedure. Should an 11 year old have the right to reject her parent's desire for her to have a nose job? Restrictive orthodontics (with the proof you will show in your lawsuit) are a procedure that promotes aesthetics over health/functionality.

I am working on a startup in my spare time that has to do with class actions and organization. I would like to hear more about how you have amassed a group so far, who (specifically) you are planning to sue, if you have met with an attorney, what your experience has been like, and what resources you used in organizing your suit. I might be able to help you (and others) in a big way. Email me: rachel@rachelmoore.net
« Last Edit: January 22, 2014, 07:57:14 pm by rachel »

OmarL

  • New Member
  • Posts: 3
    • View Profile
Hi Rachel,

I'm not sure if you got my email.  I'd love to chat with you.

Yes, I've met with lawyers, have had some legal opinions and am putting together a team of potential expert witnesses.

I'm going for the Canadian system right now and would love to make it a joint effort to make change in the US as well.

You can write to me at olalani@gmail.com.

Best,
Omar