Allcare faces lawsuit over 'defective' dentures

2009 11 03 16 27 19 414 Law Books 70

A West Virginia woman who claims she received defective and ill-fitting dentures from Allcare Dental & Dentures is suing the company for breach of contract and breach of implied warranty.

The suit also names the financing agency JP Morgan Chase Bank as a defendant.

Plaintiffs Delphia Cole and her husband, David Cole, are residents of Charleston, WV. On July 15, 2009, Cole was evaluated and presented with a treatment plan for a set of permanent dentures by Allcare, according to a complaint filed March 31 in Kanawha County Circuit Court.

“They were unable to eat, sleep, or function comfortably.”
— Sara Bird, attorney

The treatment plan outlined the denture services Cole could expect and presented her with a services and purchase charge of $2,338. During this visit, she signed a number of documents, including a five-year warranty, a contract for service and purchase of Comfy Choice dentures, and other documents, according to the complaint.

On July 16, Cole returned with her husband and was assisted by an Allcare agent in obtaining financing through Chase. The financing agent explained very little, if anything, about the terms of the financing agreement, according to the complaint.

The Coles now allege that, prior to the closing of the financing agreement, they were not provided any documents that adequately explained the terms of the financing arrangement, which included "exploitative and excessive terms," such as an interest rate of more than 27%, according to their lawsuit.

Repeat visits

After receiving the dentures, Cole made several return visits to have the dentures adjusted for a better fit because they were causing her tremendous and disruptive pain and discomfort. She went back for at least nine visits between August 2009 and November 2009, finally returning the dentures and asking for a refund.

Allcare kept the dentures but informed the Coles that, despite returning the product, they would still be responsible for paying for them. However, because the services and product failed to conform to their expectations, the Coles demanded a full refund.

But Allcare has not refunded any money, and, in fact, continues to demand payment for the dentures, according to the complaint.

The Coles claim to have suffered economic loss, annoyance, and inconvenience. The dentures represented to the Coles as "comfortable and properly fitted" were, in fact, "grossly ill-fitting" and "extremely painful," according to the complaint.

"Delphia Cole purchased a set of dentures that was ill-fitting, and the company failed to remedy the situation despite being given numerous opportunities," said Sara Bird, Cole's lawyer. Bird said her client received "poor, inconsistent service" from Allcare, with different clinical personnel seeing her each time she went to have her dentures fixed.

This is Bird's second lawsuit against the company. Both the clients she has represented were unable to have a decent standard of living because of ill-fitting dentures, she said.

"They were unable to eat, sleep, or function comfortably," Bird said.

The Coles are seeking actual and punitive damages, reasonable attorney's fees and cost of litigation, and other relief.

Neither Allcare nor Chase returned calls seeking comments.

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