Dental Amalgam Lawsuits Dismissed by Judge
After reviewing "voluminous papers" and hearing "extensive oral arguments," Judge Roy granted an ADA motion to dismiss both complaints on grounds that the plaintiffs lacked "personal jurisdiction" and had failed to state a claim for which relief could be granted.
Originally filed May 20, 2002, in Syracuse, N.Y., by Los Angeles attorney Shawn Khorrami, the two lawsuits are identified in court records as Campbell vs. ADA, et al. and Kids Against Pollution vs. ADA, et al.
In addition to the ADA, defendants included the New York State Dental Association and the Fifth District Dental Society. Both suits claimed the defendants had deceived the plaintiffs and the public about health risks allegedly associated with dental amalgam.
The complaints also said the defendants had concealed information about amalgam's environmental impact, promoted false scientific studies, barred dentists from informing patients about alleged health effects of amalgam, misrepresented amalgam as "silver" fillings and concealed their own economic stake in these alleged misrepresentations.
The plaintiffs had sought an injunction, restitution, punitive damages, reimbursement for legal fees and establishment of a fund to cover the costs of testing and monitoring the plaintiffs' "mercury poisoning."
The New York suits are similar to complaints pending in California and Maryland. Those suits also were filed by attorney Shawn Khorrami.
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