The boy's teeth when he was 10, before straightening treatment began at True Alignment Orthodontics and before all his baby teeth came out. Photo / RNZ
By Natalie Akoorie of RNZ
A former Cambridge dentist took thousands of dollars in payments for teeth-straightening treatment days before he shut down his former practice from Panama.
Dr Vernon Kruger claims True Alignment Orthodontics was not his practice in November 2023 when it closed unexpectedly, leaving dozens of parents out of pocket after they prepaid in full for their children’s treatment.
Complaints are being investigated by the Dental Council of New Zealand while Kruger, who is not a trained orthodontist, continues to run an orthodontic consulting business in Panama.
One Hamilton mum, who with her former husband paid $11,000 upfront for their then 10-year-old son to have the straightening aligners, felt they were abandoned in the middle of treatment.
Melissa Ferguson said her son, now 13, was about halfway through his treatment and “taking a break” while they waited for the last of his baby teeth to fall out, when the clinic suddenly closed.
“It would have been nice to get at least a refund.”
Ferguson was recommended True Alignment in Alpha St by a friend after a community dentist suggested her son needed orthodontic treatment.
“Looking at the website, they claimed to be ‘no extractions’, very gentle care and I thought ‘Oh that sounds like a great way to go’.”
After a free consultation including X-rays, Ferguson was told her son did not have enough space in his jaw for all of his adult teeth and that his jaw needed to be “grown out”.
“It all sounded very legit and like a good plan.”
Growth orthodontics, including orthotropics, is a controversial orthodontic approach focused on facial growth and considered unscientific by many orthodontists.
“The thing was you pay for all of the treatment up front, and with him being so young I realised we were probably going to be looking at many years of orthodontic care and I thought at least it’s all covered under one lump sum,” Ferguson said.
The money covered the aligners, treatment, consultations and X-rays, though they had to do “self-scans” – where Ferguson photographed her son’s teeth and provided them to the clinic through an app.
Ferguson said despite advertising “no extractions”, the clinic removed one of her son’s teeth soon after treatment began.
Just when her son was taking a break from treatment, Ferguson received an email from Kruger explaining the clinic could no longer operate.
In the email, seen by RNZ, Kruger said he had been told he could not advise her “as it is regarded as treating a patient without a license! Its absurd and it sickens me [sic]”.
He urged Ferguson to create a group and “hound the idiots that have caused this problem”.
“Make them be answerable to their vindictive and unfair predatory behavior against me that really is hurting you [sic].
“My evidence is strong that we have been unfairly treated leaving you in the wake of the destruction without any care now.”
He said he did not have a solution, but was holding meetings.
“We are looking at all angles but have to be very careful how we do it.”
Kruger said action needed to be taken “against those that caused this”.
“The names and contact details of the offenders are on my website. Ask them what now?”
Ferguson said she felt some of the messaging was “aggressive”.
She tried to access her son’s patient files and couldn’t.
Ferguson took her son to another dentist for a second opinion and was told he didn’t need treatment and likely never did.
In a separate email dated January 24, 2024, from the new practice owners, seen by RNZ, they said they could not afford to honour the treatment.
“The huge number of patients needing to finish their Invisalign care has overwhelmed our schedule,” they wrote.
“Our initial intention to help patients free of charge has been challenged.
“We did not receive money from Dr Kruger or True Alignment nor did we give money to buy his business.
“We started a new business in its place to try and help the situation and to hopefully create a strong general and cosmetic dental practice.”
Under the heading “Where did the money paid to True Alignment Orthodontic and Dental go?”, the two dentists said, “Patient money paid staff wages, Invisalign lab fees, building rent, utilities, supplies and overhead[s].
“We have been told there is no money to refund to patients or to help us cover the costs of finishing treatments.”
They said money paid by patients to Kruger covered business costs.
“The business was dissolved and there was no money left.”
At the time of the closure, Kruger blamed two orthodontists who complained to the Dental Council about concerns they had with his treatment of some patients.
Kruger was already in Panama, where he said he had been operating remotely for several years.
Under New Zealand rules, dentists don’t have to be specially trained to carry out orthodontics, but they must directly supervise any dental assistants undertaking the treatment.
RNZ understands the clinic was shut by Kruger after he did not renew his annual practising certificate.
In an online discussion of the situation by affected parents, provided to RNZ, two parents said they prepaid in full the week of the closure, and their respective children were due to have their first appointment on the day the clinic shut.
One had paid $10,300.
Another had a payment plan and had paid $8500, but her child had not received any treatment while the payment was under way.
One mother said her daughter began treatment at 6, and another said their child’s unfinished treatment left them with teeth that didn’t line up and an incorrect bite.
Another said their child had a twisted bottom jaw and incorrect bite, while another said they’d paid $11,000 upfront and had 18 months of treatment and while “taking a break” the clinic closed.
The parents complained of being unable to access files, get information out of the clinic, contact Kruger, and of being out of pocket.
At least one said they reported the case to police, and another said they were advised by the Dental Council to complain to the Privacy Commissioner to recover patient files and lodge a claim with the Disputes Tribunal to recover their money.
RNZ spoke to Kruger in Panama, where his website advertises that he runs several businesses, including consulting for dental and orthodontic practices, and another in tourism in Boquete.
He said he was consulting to dentists in the United States and Australia by providing clear aligners and getting “lots of referrals”.
Kruger blamed the closure of the clinic on a Waikato orthodontist he alleged was “very aggressive against a dentist doing orthodontics because he felt they had to be a specialist, which is nonsense”.
“I’ve seen orthodontists do terrible work.”
Asked what happened to the practice’s 450 patients, Kruger answered: “Good question, I dunno. I wasn’t allowed to talk to them. If I did, I was going to get a $10,000 fine.”
He said at the time he encouraged patients on his website to start a “class action suit” against the Dental Council.
“They’ve made this decision with no evidence, no proof whatsoever, and with me providing evidence that I’ve done no harm ... that I’m not actually treating patients in New Zealand.
“I’m working as a consultant to a company in Panama that was at that time providing clear aligners directly to the patient in New Zealand, and they were being looked after by dentists who are registered in New Zealand.”
He claimed he wasn’t treating the patients, only providing aligners to a dentist at True Alignment, and said he didn’t own the practice.
According to the Companies Office, Kruger was the sole director and shareholder of TSM, the company based in the same building as the practice at 82 Alpha St, when the last annual return was filed in June 2023.
He is still listed as the current director and shareholder; however, he said TSM was a management company that managed staff at True Alignment.
When asked about the money paid by Ferguson for her son’s unfinished treatment, Kruger hung up.
Kruger has operated dental practices in Cambridge under different names since 1993, including The Smile Centre, Gentle Dental, Gentle Orthodontics and Growth Orthodontics.
Gentle Orthodontics and Gentle Dental were put in liquidation in 2010 owing $481,000.
Dental Council chief executive Marie MacKay said Kruger was registered with the council but did not hold a current practising certificate and could not legally practise in New Zealand.
“Dr Kruger has previously publicly acknowledged that complaints against him were under investigation, however in accordance with privacy legislation, we are not able to disclose the details of any complaints or investigation.”
She said the Dental Council did not hold any authority over a practitioner’s ability to register, practise, or provide clinical advice in any other jurisdiction than New Zealand.
– RNZ