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Monday, March 23, 2015

Ind. Courts - "Dyer dentist seeking more than $15 million in lawsuit against state"

The NWI Times reported March 21st:

HAMMOND | The owner of Dyer Family Dentistry is seeking more than $15 million from the state of Indiana and some of its regulatory bodies claiming they unjustly tried to keep him from doing business as a licensed dentist.

A Chicago law firm representing dentist Irfan Atcha filed the lawsuit in federal court Friday against the state, the Indiana Professional License Agency, the Indiana State Board of Dentistry and others, including Cindy Vaught, the state dentistry board's director. * * *

The lawsuit said that Atcha had developed an "All-on-4" implant technique, which it claims was unique to the Northwest Indiana region and was a "significant advancement" over traditional methods of teeth replacement and implantation.

Atcha advertised to the public, but on March 16, 2012, the state board filed a formal administrative complaint against Atcha claiming alleged multiple violations of its advertising regulations, according to the lawsuit.

The lawsuit said the board wrongfully found Atcha had violated some advertising regulations and on Nov. 19, 2013, placed him on probationary status. On Dec. 31, 2014, the Marion County Superior Court found the actions of the state defendants were unconstitutional and violated Atcha's First Amendment rights, according to the lawsuit.

The suit claims the defendants have no actual evidence Atcha misled or deceived anyone. It claims the state was trying to protect the market share of other dentists in an scheme to deprive Atcha of the right to do business and enrich a competitor. The lawsuit said as a direct result of the alleged "constitutional deprivation, Atcha has suffered economic and non-economic losses."

The ILB has checked the Marion County docket and located Atcha v. Ind. State Bd. of Dentistry (49D03-1312-MI-044739). It appears that Marion Superior 3 Judge Patrick McCarty presided, and that an order signed and filed Dec. 31, 2014 was issued Jan. 8, 2015.

The ILB hopes to post a copy of the Marion Superior Court order... [Update] Here it is, the 12-page opinion by Judge McCarty in Atcha v. Ind. Prof. Lic. Agency.

In addition, the ILB has obtained a copy of the complaint filed Friday in the ND Indiana.

Posted by Marcia Oddi on March 23, 2015 10:56 AM
Posted to Indiana Courts