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SOUTHEAST TEXAS RECORD

Friday, April 26, 2024

Company refuses to keep service agreement, suit says

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A medical supply leasing group claims it lost tens of thounsands of dollars when a doctor’s office failed to pay it for services rendered.

Medical Imaging Solutions Group Inc. of Texas filed a lawsuit April 4 in Jefferson County District Court against ODC, Communis and Brent L. Mainwaring.

MIS claims it sold medical imaging systems and equipment to ODC at a significantly discounted price in October 2011. In exchange for the discount, ODC agreed to enter into a five-year agreement in which MIS would service the equipment, according to the complaint. MIS would gain substantial revenue from servicing the equipment, the suit states.

“In specific, ODC was to pay MIS a monthly base service of $9,000 per month for the MRI, $8,332.92 for the CT scanner and $2,866.66 per month for the R/F Room,” the complaint says.

During January, February and March, MIS claims it serviced the equipment and later sent invoices requesting payment. However, the defendants failed to make payments to MIS, according to the complaint.

“Through the end of March 2013, the total amount of money invoiced by MIS to defendants for service and supplies under the service agreement, including the additional repairs, totaled the amount of $77,654.30,” the suit states.

In its complaint, MIS alleges breach of contract and fraud against the defendants.

It seeks actual damages within the jurisdictional limits of Jefferson County District Court, plus attorney’s fees, costs, pre-judgment interest and other relief the court deems just.

Jay M. Rosenberg, Phillip J. Conley, Michelle Mendez and Kelly E. Kleist of Conley Rosenberg & Brennise in Addison and Anthony Malley of Malley Law Firm in Beaumont will be representing it.

Judge Milton Shuffield, 136th District Court, has been assigned to he case.

Jefferson County District Court case number: D194-217.

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