Local doctors sue over malfunctioning X-ray machine

Kelly Holleran Feb. 7, 2011, 9:42am

Portable X-ray machines

Ultimate Medical Services has cost a Jefferson County company thousands of dollars by failing to properly fix an X-ray machine damaged during Hurricane Ike, according to recently filed court documents.

Allied Physicians Group filed a lawsuit Jan. 26 in Jefferson County District Court against Ultimate Medical Services.

In its complaint, Allied alleges it has lost "considerable profits" because of its malfunctioning X-ray machine, called the AMX 110.

"As a result of UMS's failure to properly repair the AMX 110, Allied has not been able to perform X-rays at its own facilities and, instead, has been forced to refer patients to other facilities," the suit states.

According to Allied's complaint, it hired Ultimate Medical Services to assess and to repair damages caused to its AMX 110 X-ray machine when Hurricane Ike struck on Sept. 13, 2008.

After examining the equipment, Ultimate Medical Services promised to return the machines to their former glory, the complaint says. In addition, Ultimate Medical Services warranted its work and told Allied the equipment would be certified for both image quality and proper operation before it would be used on patients, Allied claims.

However, after Ultimate Medical Services completed its repairs, the X-ray machine continued to malfunction and to be nonoperational, according to the complaint.

Allied made multiple phone calls to Ultimate Medical Services, and UMS responded to each service request, the suit states. Still, the problems persisted.

Finally, on Feb. 11, 2009, Ultimate Medical Services sent a letter to Allied, saying it could find parts for repair, the complaint says. Since that time, however, Allied claims it has not heard from the repair service.

In its complaint, Allied alleges breach of contract, violations of the Texas Deceptive Trade Practices Act, negligent misrepresentation, fraud and negligence against Ultimate Medical Services.

Allied seeks actual, consequential and exemplary damages, plus attorneys' fees, costs, pre- and post-judgment interest at the highest rate and other relief the court deems just.

Christopher A. McKinney and Julia T. Matheny of Orgain, Bell and Tucker in Beaumont will be representing it.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A189-255

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