HOUSTON — A Pennsylvania medical technology business is suing a Houston-based lab company, alleging breach of a sales and marketing agreement.
Thrive Medical Technology LLC, of Holly, Pennsylvania, filed a lawsuit Jan. 29 in U.S. District Court for the Southern District of Texas against Companion DX Reference Lab LLC.
According to the complaint, Thrive markets and sells medical and laboratory services, and in July 2014, Thrive and Companion entered into an agreement where Thrive would render sales and marketing of Companion’s service. The plaintiff's compensation was by commission on a percentage of receipts collected by the defendant, the suit says.
On Dec. 25, 2015, the lawsuit states, Companion failed to pay and has continued not to pay Thrive $64,094.04 in commissions on Companion’s collections in November 2015. Also, the suit states, on Jan. 25, 2016, Companion failed to pay and refuses to pay Thrive $42,529 in commissions for December 2015.
Thrive Medical Technology seeks a jury trial, the $106,623.04 in owned commission and any amount due, plus court and attorney fees. It is represented by attorney Constantine John Gekas of Gekas Law LTD in Chicago.
U.S. District Court for the Southern District of Texas Case number 4:16-cv-00253