AdventHealth sues for failed N95 mask deal
California company, attorney failed to deliver protective gear they promised
AdventHealth is suing a California company and attorney for failing to deliver the personal protective equipment they had promised and for conspiring to keep a portion of the $57.5 million in escrow funds.
The non-profit health system alleges that California attorney Michael Weiss and Tomax Capital Management are refusing to refund $2 million of the escrow funds, even though they never delivered the 3M N95 masks they had promised the health system.
“AdventHealth demanded information from the Defendants regarding transaction involving the Escrow Funds, including account statements. However, none of the Defendants have provided this information,” according to the lawsuit.
On April 8, AdventHealth entered a contract with Tomax to purchase 10 million 3M N95 masks at a unit cost of $5.75 each. Weiss’ law firm held the $57.5 million escrow until Tomax delivered the masks, according to the lawsuit.
But the masks were never delivered, according to the lawsuit. And even though Weiss and his law firm have returned $55.5 million of the funds, they are yet to return the remaining $2 million, the lawsuit alleges.
The lawsuit, filed on May 28 in Orlando federal court, demands punitive and actual damages.
Weiss could not be reached for comment.
Settlement hearing set
Less than a year after Oviedo Medical Center filed a lawsuit against AdventHealth for the use of the name “Oviedo ER”, the two parties have agreed on a settlement hearing.
Oviedo Medical Center, which is part of the national for-profit hospital chain HCA Healthcare, alleged that by using the name Oviedo ER on its websites, billboards and presentations, AdventHealth committed trademark infringement and unfair competition, violating the common law of the state of Florida.
In a countersuit filed in April, AdventHealth said its use of Oviedo ER was fair and that Oviedo Medical Center removed the signage displaying Oviedo ER in favor of Oviedo Medical Center. The health system also sought to cancel the Oviedo Medical Center’s trademark application for “Oviedo ER” mark and logo, claiming Oviedo ER is a generic name for an emergency room located in the City of Oviedo.
Oviedo Medical Center denied the allegations and said that they have no legal merit.
The hearing is set for July 30.
Orthopedic surgeon settles suit
Dr. Ayman Daouk, an Orlando orthopedic surgeon who filed a whistleblower lawsuit against Orlando Health, has voluntarily dropped the allegations, reserving the right to bring another lawsuit on the same grounds.
Daouk filed the lawsuit last year against Orlando Health, Physician Associates, Orlando Health Physician Group and Orlando Health Imaging Centers, alleging that he was fired by Orlando Health and Physician Associates “because he performed surgeries at a non-Orlando Health facility and referred patients for imaging at a non-Orlando Health facility.”
He also alleged that his superiors violated federal laws by requiring him to perform surgeries and make referrals within the Orlando Health network only.
The terms of agreement or settlement between the two parties were not disclosed.
In brief…
AdventHealth has started a first-of-itskind immunotherapy clinical trial for patients with acute myeloid leukemia (AML) and myelodysplastic syndromes (MDS).
Antigen-Specific T-Cell therapy uses the immune cells to cancer cells and is used in patients who have exhausted all other treatment options.
“Being the first in the world to launch this therapy, and to have the lead investigator on our team, shows our commitment to personalized medicine, which is the future of cancer care,” said Dr. Mark Socinski, executive medical director of the AdventHealth Cancer Institute, in a news release. The first patient was treated in April at AdventHealth Orlando and is recovering at home, according to the health system.