Defendant non-suits plaintiff in slander suit between prosthetics providers

By David Yates | Dec 20, 2013

A notice of non-suit has been filed in litigation between prosthetics providers, which alleges slander.

According to the complaint filed June 23, 2012, in Jefferson County District Court, Letourneau Lifelike Orthotics and Prosthetics claims it faces unfair competition from defendants Hauser Orthotics and Prosthetics, Freedom Orthotics and Prosthetics and Prosthetic Science Houston.

Court records show Hauser Orthotics non-suited Letourneau from its counterclaim on Nov. 21.

Court records also show that on Nov. 5 an amended discovery control plan order was entered in the case, slating the litigation for a March trial if the case was not mediated on or before Feb. 17.

Court records further show Hauser Orthotics and Prosthetics filed a motion for summary judgment on May 15, arguing that there is no evidence to support the plaintiffs’ claims.

A few months later, the plaintiff non-suited the company on Aug. 20, court papers say.

The suit alleges that the defending companies have engaged in illegal actions, including slander and monetary gifts, to lure patients away from Letourneau.

The defendants began marketing their services in Beaumont and surrounding areas in 2010, but did not have the proper licenses to do so, the suit states. Despite their lack of proper documentations, the defendants have continued to directly market to their and Letourneau’s customers by offering free transportation and lodging in return for business, the complaint says.

The defendants have also enticed customers to their companies by offering free products, then charging Medicare without the required authorizations, Letourneau claims.

They have engaged in improper telemarketing practices and have offered illegal incentives, such as cash, gift cards, free trips and other items for free or below market value, according to the complaint.

“These acts by defendants are in violation of the Social Security Act, Medicare laws and anti-kickback statutes, the Texas Deceptive Trade Practices Act, Texas Illegal Remuneration laws and the Texas Free Enterprise and Antitrust Act of 1983,” the suit states.

Not only have the defendants engaged in multiple illegal actions, but they have also slandered Letourneau in an attempt to steal customers away, the complaint says.

“Defendants told customers and plaintiff’s clients that plaintiff’s business and its employees were unqualified and that the services and products offered by plaintiff were terrible, no good and fell apart,” the suit states.

Letourneau is seeking actual damages, plus three times the actual damages of the Texas Business and Commerce Code, pre- and post-judgment interest, attorneys’ fees, costs, exemplary damages and other relief the court deems just.

Attorneys J. Mitchell Smith and Toby F. Nash of Germer LLC in Beaumont represent it.

Woodlands attorney Brenton Stanfield of Knighton & Stone represents Hauser Orthotics and Prosthetics

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

Case No. A192-638

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