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#Post#: 593--------------------------------------------------
Class Action Against Orthodontic Colleges and Manufacturers of
Headgear
DIR By: OmarL
Date: January 15, 2014, 5:14 pm
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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.
#Post#: 594--------------------------------------------------
Re: Class Action Against Orthodontic Colleges and Manufacturers
of Headgear
DIR By: Matt91
Date: January 15, 2014, 6:39 pm
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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*
#Post#: 595--------------------------------------------------
Re: Class Action Against Orthodontic Colleges and Manufacturers
of Headgear
DIR By: Gaia
Date: January 16, 2014, 12:41 pm
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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?
#Post#: 596--------------------------------------------------
Re: Class Action Against Orthodontic Colleges and Manufacturers
of Headgear
DIR By: bstratt25
Date: January 16, 2014, 5:10 pm
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Awesome Omar, that's a fight worth fighting.
#Post#: 607--------------------------------------------------
Re: Class Action Against Orthodontic Colleges and Manufacturers
of Headgear
DIR By: OmarL
Date: January 21, 2014, 5:42 pm
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We need more stories people...
#Post#: 610--------------------------------------------------
Re: Class Action Against Orthodontic Colleges and Manufacturers
of Headgear
DIR By: rachel
Date: January 22, 2014, 9:52 pm
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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
#Post#: 665--------------------------------------------------
Re: Class Action Against Orthodontic Colleges and Manufacturers
of Headgear
DIR By: OmarL
Date: February 10, 2014, 4:08 pm
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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
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