HOUSTON — A oral fluid diagnostic distributor is suing a doctor, alleging his failure to follow procedures the plaintiff's study.
OraSure Technologies Inc. filed a lawsuit June 16, in the Houston Division of the Southern District of Texas against Dr. Damien B. Sanderlin, alleging fraud, breach of contract unjust enrichment and negligent misrepresentation.
According to the complaint, the entire body of data generated from 500 participants in the study was rendered completely useless, causing it to be damaged in the amount of at least $442,590.61. The suit says this represents $319,500 in fees and cost reimbursement paid directly by to Sanderlin and his affiliated research site, Lone Star Clinical Research, for performing the clinical study, plus an additional $123,090.61 in costs incurred to monitor the activities of Sanderlin and Lone Star.
The plaintiff alleges Sanderlin gave HIV positive subjects backdated referral forms for post-test clinical follow-up, failed to engage in one-on-one interviews and consultations with some study subjects, failed to ensure accurate and complete study documentation and failed to report HIV positive individuals in accordance with federal, state and local requirements.
OraSure seeks a trial by jury, judgment of more than $75,000, attorney fees, pre-judgment and post-judgment interest, costs, and such other relief as the court deems just and proper. It is represented by attorneys Daniel W. Jackson of The Jackson Law Firm in Houston, Michael D. LiPuma of Law Office of Michael D. LiPuma in Philadelphia, Pennsylvania and Burton G. Manne of The Jackson Law Firm in Houston.
Houston Division of the Southern District of Texas Case number 4:16-cv-01734