SmileDirectClub Aligners Tooth Pain and Injury Class Action

SmileDirectClub, LLC offers consumers the purported possibility of straightening their teeth with mail-order aligners, without having to make office visits. But the complaint for this class action alleges that SmileDirect does not deliver what it advertises, that teeth may not be straightened, and that customers may in fact experience cracked, damaged, or otherwise injured teeth.

A would-be customer begins by either taking an impression of their teeth or going to a “SmileShop” for a scan. Then, the company’s website says, “[a] licensed dentist will assess your smile and determine if SmileDirectClub aligners are the best fit for you.”

SmileDirect claims to offer the assistance of licensed dentists to its customers: “The SmileDirectClub’s aligners are offered through a network of over 225 duly licensed dentists and orthodontists…. Each SmileDirectClub customer is assigned a dentist or orthodontist who is licensed where they live.”

Also, it promises, “Your doctor will oversee your new smile, and every 90 days you’ll be able to check in with them when you log into your account. You can reach out to your doctor at any time through the dental team by phone or through your online account.”

Plaintiff Taylor Sollinger, however, claims the process did not work. He received a scan at a SmileShop from a woman who was not a dentist. According to the complaint, he “was advised that pain and tooth sensitivity were a normal part of the process.”

He had to return the first two sets of aligners he was sent because they did not fit properly. The complaint says, “To [his] knowledge, he was not assigned a dentist or orthodontist to provide oversight of the process…. He was not, despite requesting this information, provided with the name of a dentist [who] would oversee his process.”

In late December, the complaint says, he began to feel pain on a daily basis in his teeth and gums. His teeth became sensitive and one root was clearly visible. On January 8, 2018, he went to Paolo Saggese, DMD for medical treatment. The complaint says Saggese “advised [Sollinger] that the SmileDirect aligners put too much pressure on his teeth, cracked them, and [caused them to require] fillings.” Saggese advised him not to wear the aligners anymore.

Sollinger communicated about the problem with SmileDirect and provided dental records and x-rays, but the complaint says “nothing was done by SmileDirect to correct or mitigate the inuries caused” to Sollinger.

In April, Sollinger was still experiencing pain in his teeth. Again he went to Saggese, who told him, “I can’t tell how far the damage is. The Smile Direct Club product really damaged your teeth.”

The complaint alleges strict liability, failure to warn, negligence, and breaches of warranties, among other things.

A class and two subclasses have been defined for this action.

• The Nationwide Class is all individuals who bought, owned, or used SmileDirect aligners whose teeth were not straightened.
• The New York Subclass is all individuals who bought, owned, or used SmileDirect aligners in New York whose teeth were not straightened.
• The Physical Injury Subclass is all individuals who bought, owned, or used SmileDirect aligners and experienced cracked, damaged, or otherwise injured teeth or gums.

Article Type: Lawsuit
Topic: Consumer, Medical Devices
Tags: Aligners, Causes Pain or Injury, Deceptive Advertising, Defective Product, Item Does Not Do What It Is Advertised to Do