Apparently ever the optimists, on August 13, 2009, OCA asked Judge Yeakel to reconsider his ruling in the Wetzel case.  On August 24, the judge denied the request.  Will OCA appeal the decision?  Given their past behavior, it's highly likely.

 

Is that it that they enjoy spending money on legal fees?  One possibility might be the fact that according to their website, I count 9 doctors and 14 offices who are still listed as affiliates.  Could it be they're worried that if they allow the loss to stand, there's a danger of the Texas Dental Board forcing the other docs to quit sending them money or risk losing their Texas dental licenses?  I believe three separate courts have ruled that the OCA Business Services Agreement violates applicable Texas law forbiding the unlicensed ownership of a dental office, so it would seem the precedents are pretty compelling.  I'd think the Board could push the current affiliates in Texas to drop their connection with OCA/Orthosynetics with relative ease legally?

 

There are several other docs whose cases would also be affected by the Wetzel ruling.  I wouldn't be surprised if OCA is still hoping they can somehow be induced to either rejoin, or leave a substantial amount of money on the table to induce OCA to give them their freedom without further legal battles. 

 

In looking at OrthoSynetics recently revised web site, there's no longer a tab for docs looking to join OCA listing the "opportunities" in various geographic areas.  Or at least I couldn't find it.  I wonder how they're doing recruiting-wise?  Their blog isn't crowing about being innundated with docs wanting to join up.  Nor is there any mention of how many docs are exiting. Now that the company is no longer public, their disclosure requirements regarding numbers of affiliates are much less stringent.

 

There's still no sign of Dr. Bush as one of their affiliates in Georgia.  If I remember correctly, their announcement of his rejoining made it sound like everything was again wonderful.  Could it be that their pronouncement was a little over-optimistic?

 

Entirely my own, personal, non-lawyers opinion.