Re: workers comp for carpal tunnel

Author Subject: Re: workers comp for carpal tunnel
Lawsuit filled : Posted At 00:05:44 06/20/2001
Carpal Tunel is NOT caused by repetitive stress!

MDs are trying to UNLOAD laibility.

Carpal Tunel is caused by dental mercury amalgam fillings poisoning.

The injured nerves get only aggravated by repetitive stress!

The ADA has long held the view that dentists should not induce patients to accept dental treatment by using misleading information or information not based on the best scientific evidence. That's what the ADA's ethics rule is all about-protecting patients.

Legal brief filed in 1995 by attorneys for the ADA in W.H. Tolhurst vs. Johnson and Johnson Consumer Products, Inc.; Engelhard Corporation; ABE Dental, Inc.; the American Dental Association, et al., in the Superior Court of the State of California, in and for the County of Santa Clara, CA, Case No. 718228.

"The ADA owes no legal duty of care to protect the public from allegedly dangerous products used by dentists. The ADA did not manufacture, design, supply or install the mercury-containing amalgams. The ADA does not control those who do. The ADA's only alleged involvement in the product was to provide information regarding its use. Dissemination of information relating to the practice of dentistry does not create a duty of care to protect the public from potential injury".

see lawsuit against ADA and CDA lawsuit:

and press release:

Published Friday, June 15, 2001

State officials threaten to dissolve dental board
By Andrew Bridges
------------------------------------------------------------------------- -------

LOS ANGELES -- State officials threatened to dissolve the California Dental Board on Thursday as the battle over the use of mercury in dental fillings heated up.

The 12-member board canceled a scheduled meeting Thursday, set up to consider a revised fact sheet on various materials, including mercury, used in fillings. The Los Angeles session was scrubbed for lack of a quorum.

That enraged activists, who want patients to know that silver fillings are about 50 percent mercury by weight. It also antagonized state officials, who claimed the board dragged its feet in updating the fact sheet.

The sheet, mandated by a 1992 law but never implemented to the satisfaction of state officials, is designed for use by dentists in patient discussions. It describes various materials used in fillings, including amalgam, porcelain and resin.

"We are very displeased," said Lynn Morris, a deputy director of the Department of Consumers Affairs, who convened Thursday's meeting without the dental board. "The members of the board do not understand the gravity of this situation."

The dental board plans to sign off on the fact sheet during a meeting scheduled for July 19, or more than 18 months after it began the task. Kit Neacy, the board's president, said the panel had promised to complete the task by the end of the fiscal year, or June 30.

"All I can say is we have not. I am sorry. In terms of getting a quorum, of getting a meeting going, I did what I could do and failed," said Neacy, a Covina dentist.

But the board may never take up the issue -- much less meet -- again. State Sen. Liz Figueroa, D-Fremont, said she intends to introduce legislation on Monday that would yank the panel's funding effective July 1.

"I am very frustrated with this board and their direction, in that they have repeatedly not adhered to the law that was put in place nine years ago," Figueroa said. "Just to go against everything we're been trying to do is just unconscionable."

And attorneys within the Department of Consumer Affairs are looking at what actions it can take against the board. Options include supporting a separate Figueroa bill that would gut the board.

"It's kind of like having a wayward child who's taken the car keys without permission -- and we're still the parents," department spokesman Mike Luery said.

Neacy called the moves drastic and defended the board against accusations that it protects industry and ignores consumer interests.

"Every dental board member is well aware that we are there to protect the public, and we are not industry puppets," Neacy said.

Charles Brown, a Washington, D.C., attorney who sued the American and California dental associations on Tuesday, in part to force disclosure of the mercury content of silver fillings, said it was unclear how the feud would turn out.

"It's certainly a tense battle," Brown said.

Anti-mercury activists worry that the toxic metal poses a risk to dental patients when used in amalgam fillings, which also contain silver, copper and tin. Mercury exposure can cause cancer, birth defects and nerve damage. However, scientific studies on the effects of mercury in amalgam -- a term that refers specifically to alloys of mercury -- have been largely inconclusive.

Still, activists, politicians and officials say dental patients deserve full disclosure about the metal's use in dental fillings.

"The nickname 'silver' is deceptive and should not be used," wrote Rep. Diane Watson in a letter to Neacy and the board. The Los Angeles Democrat wrote the 1992 fact sheet law while still a state senator.

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