Orthodontics can cause sleep apnea - Class Action Lawsuit

[SteveGold]

This is very interesting, to say the least. My own history is similar to the original poster's. I had a severe overbite, corrected with a headgear starting at age 9 and lasting two years (1991 to 1993). I don't remember having anything explained to me except the intervention would help my overbite (but heck, I was 9). I also don't remember sleeping better before the headgear compared to afterward, but I was foggy throughout childhood and can count on one hand how many days I felt fully rested. By my early 20s I was in absolute hell and unable to function, but I do think the seeds were there earlier.

After reading his blog and the posts here I think it's *possible* my headgear contributed to my developing sleep apnea (or made it worse than it would've been otherwise, or caused it to onset earlier). Impossible to know for sure in my case, but I do hope that cervical headgear is abandoned by orthodontists as it does seem to carry risks that are avoided with less invasive approaches.

In the meantime I continue to be surprised by the complexity of sleep apnea and all the little things that can contribute to it.

[D.H.]

I had orthodonture over forty-five years ago. I seriously doubt that the orthodontist who did it is still alive. I'm certain that if he is alive, he is no longer practicing. Even if I have an open-and-shut case, can I overcome the statute of limitations?

Also, even if I can overcome the statute of limitations, is there any way I could recover if he's not living and his estate has been dissolved?

[BlackSpinner]

I had orthodonture over forty-five years ago. I seriously doubt that the orthodontist who did it is still alive. I'm certain that if he is alive, he is no longer practicing. Even if I have an open-and-shut case, can I overcome the statute of limitations?

Also, even if I can overcome the statute of limitations, is there any way I could recover if he's not living and his estate has been dissolved?

Since they didn't know that orthodontics could affect sleep apnea back then, I doubt you would even have a case. In fact unless you had the work done in the last decade there is no case.

[zoocrewphoto]

I had orthodonture over forty-five years ago. I seriously doubt that the orthodontist who did it is still alive. I'm certain that if he is alive, he is no longer practicing. Even if I have an open-and-shut case, can I overcome the statute of limitations?

Also, even if I can overcome the statute of limitations, is there any way I could recover if he's not living and his estate has been dissolved?

Since they didn't know that orthodontics could affect sleep apnea back then, I doubt you would even have a case. In fact unless you had the work done in the last decade there is no case.

I would add that in many cases, the orthodontic work didn't make things worse. It just wasn't the correct action to take, had they known better.

For example, my jaw would still be too small without the orthodontic work. I would just have crowded teeth in addition to sleep apnea.

[Omne]

Doesn't look like there's any record of any class actions being filed. One personal case in New Jersey that was dismissed on procedural grounds.
It would be tough enough due to time but a class action would be really difficult due to a lack of commonality between members of the class. The various orthodontic work would differ as well as the degree of apnea and onset. In addition members would need to be able to show causality or a very high probability of it. My guess is that there aren't any attorneys that could get approved as class counsel that would be willing to front hundreds of thousands of dollars pending a win.

[PEF]

Unfortunately, I have the same sad story that many others went through here. What really galls me is that even today orthodontists are still recommending these procedures even though they KNOW of the SDB issues. Recently, a friend approached my husband (a retired doctor) to ask him for advice on her son's orthodontic procedures. She had been advised to have 6 of his teeth pulled. Naturally, my husband told her to NOT allow this. This orthodontist should be sued.

It is too late for people like me.

[Sylvia54]

I had orthodonture over forty-five years ago. I seriously doubt that the orthodontist who did it is still alive. I'm certain that if he is alive, he is no longer practicing. Even if I have an open-and-shut case, can I overcome the statute of limitations?

Also, even if I can overcome the statute of limitations, is there any way I could recover if he's not living and his estate has been dissolved?

Interesting that I got my braces about the same year you did, you were probably younger, I was in high school at the time. My orthodontist was relatively young and new on Bainbridge Island, WA. Can't even remember his name though. My mother took me there. I truly believe she thought I wouldn't "find a husband" with my two front teeth crossed over one another, there were just too many teeth for my small jaw. I had four teeth pulled, upper wisdom teeth pulled soon after, and headgear to wear at night (intermittently) for 3 yrs. Maybe I'm lucky that my increasingly small airway didn't affect my sleep breathing until several decades later.

To my knowledge, I never slept on my back (apnea at it's worst), was always a side sleeper until about 8 yrs ago, soon after moving to a desert climate. Suddenly I started waking on my back at times. Just wondering if the dry air affected my night time breathing, causing me to shift position. I know the best nights sleep I've had all this year was when we visited near the CA coast last January, while rainstorms were moving through. I slept very normal for two nights in a row and felt very clear headed the next day. And that was without any sleep aid and with sleeping on an uncomfortable bed. Just saying, I've had the same thing happen previously just out of the blue while visiting WA state 2 yrs ago when there was heavy rain. Can't move there due to my husbands medical issues being well taken care of here. Have you noticed high humidity weather improving your sleep? Or maybe for me it was just a coincidence. Cant turn the up the humidifier on my machine without it causing bad itchy nose and sneezing.

I know what you mean by wanting to file a lawsuit. But how would money make you feel better? If you want to pay a lawyer, see what he says but I doubt we'd have a case this late in the game. Is xpap not working for you? I just keep tweeking my settings and trying for better sleep. Have you seen a sleep dentist? I'm still considering that route since I may be a good candidate.

[chunkyfrog]

If the procedure was done in the sixties, when mine was,
few were aware of the connection. "No fault" is the likely verdict.
If done recently, there may be a case.
Rather than demanding money, though, the "right" thing to do would be to demand
a massive re-education program to make them STOP pulling healthy teeth.

[mcs2015]

I just happened to do a search to see if there was anything on growth appliances and your post came up.

As with many of us, I had extraction ortho (dual bicuspids) in the late 60s (I am now 60) and now suffer from OSA and TMD. I have already looked into various non-surgical adult growth appliances through dentists but have been reluctant to take the plunge due to the mixed results of the patients. I am currently struggling with CPAP and realize that it is just a patch and will never correct the underlying anatomic deformity whether caused by extraction ortho or otherwise.
I plan on doing something very soon as my OSA and TMD just keeps progressing. I have been leaning toward LVI/AGGA but still haven't made a firm commitment to move forward. It is a sizeable financial outlay with an unknown outcome as you know.

So much more to go into and many questions.

Perhaps we can compare notes?

I need to take action to get this resolved!

The mainstream medical and dental community continue to downplay and oppose any relationship between OSA and orthodontic extractions.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4661337/

Just curious, is the lawsuit still active and have you had any progress since posting this?

[chunkyfrog]

I had orthodontics; but my brother did not.
We both have apnea.
Only suspicions, and no proof.
Save your energy.
We can only wish to change the world--best to work on ourselves.
Nobody's getting rich, unless it's the lawyers.