Shareholder Daniel R. Miller Appears on CBS Series WHISTLEBLOWER

DATE: July 5, 2018

Berger Montague is excited to announce that Shareholder Daniel R. Miller, who serves as co-chair of the firm’s Whistleblower, Qui Tam & False Claims Act Practice Group, appeared on the premiere episode of CBS’s new summer true-crime documentary series WHISTLEBLOWER. The episode aired on Friday, July 13. Click here to stream it.

According to CBS, WHISTLEBLOWER takes a thrilling look into the real-life David vs. Goliath stories of heroic people who put everything on the line in order to expose fraudulent and often dangerous wrongdoing when major corporations rip off U.S. taxpayers. Hosted by attorney Alex Ferrer, a former judge and police officer, each hour introduces cases in which ordinary people, with the help of their whistleblower attorneys, step up to do the extraordinary by risking their careers and their families to ensure others are not harmed by unchecked, unethical corporate greed.

One of the cases featured in the premiere episode involves a pediatric dental chain known as Kool Smiles. In 2011, Berger Montague filed a qui tam whistleblower lawsuit on behalf of its two whistleblower clients against NCDR, LLC and various Kool Smiles dental clinics. Mr. Miller served as lead counsel.

The lawsuit was amended in 2013 and alleged the following:

  1. Dentists and hygienists were directed to meet procedure and revenue quotas in order to maintain their jobs; dentists were required to perform at least 14 operative procedures per day; hygienists were required to perform a pre-consult, take x-rays, and perform a full cleaning, all within 15-20 minutes.
  2. Procedure and revenue quotas were tracked every day for every clinic using an “Office Scorecard.”
  3. Clinics that failed to meet their quotas were “called out” on weekly national conference calls. Clinic managers whose dentists were not meeting quotas were placed on “performance improvement plans” until their quotas were met.
  4. Dentists received a monthly “Report Card” that showed each dentist’s productivity and revenue production. Dentists who did not meet their quotas were placed on performance improvement plans. Dentists who did not generate sufficient revenue were often fired.
  5. In order to meet these quotas, children across the country underwent procedures such as pulpotomies (baby root canals), crown placements, and fillings that were not medically necessary.
  6. To speed up procedures, children were often immobilized using so-called “papooses.”
  7. In many instances, fearful children urinated on themselves during procedures. Many clinics maintained a washing machine and dryer on site to make children more presentable when they were returned to their parents.
  8. In many instances, the informed consent of parents was not obtained prior to these medically unnecessary procedures.

In January 2018, Benevis, LLC (formerly known as NCDR, LLC) and 133 affiliated Kool Smiles dental clinics agreed to pay more than $23.9 million to the federal government and various state Medicaid programs to settle the suit. This is the second largest False Claims Act whistleblower recovery against a dental provider in U.S. history.

The case is titled U.S. ex rel. Robin Fitzgerald et al. v. KS2 TX P.C. et al.

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