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Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - Printable Version

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Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - MyronH - 02-28-2018

My APAP never helped my situation so had a recent sleep study, and my sleep doctor gave me a BIPAP to try. I was still getting obstructions and having terrible sleep. So I was desperate for a fix, and went to my dentist last week to order a dental appliance. They took a 3D image of my teeth and sent it to the lab to make the device. This device costs $2800.

I was okay with it at that time, since I needed help breathing. But now after adjusting the pressure manually on my BIPAP up one point, I've been getting AHI of 0.52, and 0.28 last two nights.

I don't think I need a dental appliance. My BIPAP was just set too damn low, and it is my sleep doctor's fault for not setting it correctly in the first place!

I need to know if there is a way to cancel the oral appliance. They opened a Care Credit account for me to use as a credit card to pay for the appliance. In all the instructions they gave me, I don't see anything mentioning that I can get my money back, if I don't pick up the appliance, once it is ready.

Dentist told me when i was ordering it, it was custom-made, and no refunds.

If I don't pick up the appliance, can the charges be cancelled?


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - Sleeprider - 02-28-2018

Myron, you made a choice, had the doctor take measurements and casts, and ordered the device from an outside lab. Before ordering, you were told the price and you signed a contract for the device and gave up credit information, and were told this was a one-way trip with no refunds. Unless you were somehow misled, I don't see how you would be able to decline the item at this late data unless it has not yet been fabricated.

I have not looked back at posts, but if you had ever discussed an oral device here, I would be very surprised if you did not have unanimous input suggesting that it would not meet your expectations. I think you own this.


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - SarcasticDave94 - 02-28-2018

I'd have to agree with Sleeprider. This sounds like a binding contract between yourself, the dentist, and the device fabricator.


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - EddieR - 02-28-2018

A) You ordered it, you should pay for it
B) You were charged way too much...I paid ~$650 for mine from Somnomed (Flex model)...previously had a TAP3 for ~$1200
C) You can ask the dentist to cancel the order, maybe it's not too late...you will still owe the dentist his fees...mine took about two weeks to be manufactured...might still have time
D) Once you have it, try it out...it may work for you...I have one and it's sufficient for travelling or sleeping in the lazyboy without cpap

Sorry if this isn't the answer you want. Good luck to you!


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - Walla Walla - 02-28-2018

All I can say is sorry to see it happen. Hope somehow it works out.


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - Sleep2Snore - 02-28-2018

I think you will have signed a contract and you will have to pay for it.
I think you have been ripped off at the price, but I don't know what they are making to be fair.
You could try to cancel it if it has not started the process of being made, but you will still be liable for Dentist fees and anyone else as well.
I think you are stuck with it though.
Shame it happened this way, but things happen and sometimes we have to live with our decisions.


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - Hydrangea - 02-28-2018

I don't know the laws in your state, but some states have a law that allows a customer to cancel a purchase within 3 days. That would be worth looking into (ASAP).

Sorry you got taken. :-/


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - MyronH - 03-03-2018

I think it's a ResMed Narval CC. Well apparently they are going to work with my Aetna insurance to see if they will cover most of the cost. I called Aetna, and they said if my primary care doctor would submit paperwork saying it was medically necessary, then it should be covered In-Network and they would cover 90% of the cost. If it goes Out-of-network, it would go to my $1000 deductible.

I'm just wondering if it will actually help. I'm still not sure if it is my tongue, jaw blocking airway, or my uvula,soft palate, etc. If it's my tongue, then this device should work.

Can't ENT doctors do some type of test while they sedate you, to determine what is causing the blockage? What is the name of that test?

I went to two ENT's, first one wants to fix my deviated septum, and reduce tissue inside my nose to open it up. But he said that wouldn't do anything for OA's, but just make it easier to breathe with the CPAP.

Second ENT, put a camera up my nose into my throat to look around, while I was awake. He said I wasn't a candidate for the TORS procedure. But he didnt say anything what could be causing my blockage.


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - Walla Walla - 03-03-2018

Best way to find out if it's helping is to use it with your machine. Check your results with oral device and compare the results without the oral device.


RE: Ordered an oral appliance, now don't need it. Do I have legal action to cancel it? - Sleeprider - 03-03-2018

Sedated laryngoscopy or nasolaryngoscopy is not a common procedure for apnea, although either can be done while you're awake to look or obstruction. The fact your BiPAP therapy has been successful recently suggests you may have minimal benefits from the oral appliance. As Walla said, it can't hurt to try it out, but since you are now treated and comfortable, it is hard to see the benefits of adding a big chunk of orthodontia into the mix.