November 19, 2013 — A New York judge on November 18 ordered a new trial in the Small Smiles case after ruling that a lawyer for the insurance company stalked the jury during the trial. The judge found that the lawyer’s misconduct intimidated the jury and probably influenced the verdict in favor of Small Smiles.
In October, the jury found that Small Smiles dentists did not perform unnecessary dental procedures on Jeremy Bohn. Justice Deborah Karalunas found that corporate ownership of the clinics was illegal under state law, but the jury found no liability by the company or the dentists.
But after the jury’s verdict, jurors complained about a man who “stalked them throughout the trial,” according to the November 18 ruling by Justice Karalunas in the New York Supreme Court.