$18.3 Million Awarded in Dispute Over Medical Device Laser Deal
DALLAS, April 4, 2017 /PRNewswire/ — An arbitration panel recently awarded $18.3 million to the bankruptcy estate of a Dallas company that claimed it was fraudulently lured into a licensing deal to sell a medical laser machine used by doctors.
The three-judge panel ruled 2-1 that Santa Barbara Medical Innovations, LLC, “supplied false information and made misrepresentations” when it struck a deal to sell substantially all of its assets to Primcogent Solutions, LLC, in 2011, including distribution rights for the Zerona laser, a device billed as a noninvasive alternative to liposuction.
The transaction ultimately caused Primcogent to file for Chapter 11 bankruptcy in 2013 to reorganize its business. It sued Santa Barbara Medical Innovations and Zerona’s manufacturer Erchonia Corporation, based in McKinney, Texas, the same year, claiming company officials were misled about the machine’s revenue-generating potential and the number of lasers on the market. A Dallas federal judge eventually compelled the parties to arbitration.
According to the arbitration panel’s findings, Santa Barbara Medical Innovations failed to disclose to Primcogent that customers had actually been returning the machines and that the deterioration of a contractual relationship with Groupon was negatively affecting customer relationships.
The Chapter 7 Trustee, John D. Spicer, was represented in the proceedings by attorneys Chris Hamilton, Meagan Martin and Kevin Colquitt of the Dallas law firm Standly Hamilton, as special counsel appointed by the bankruptcy court. Prior to its Chapter 7 conversion, Primcogent Solutions was represented by Michelle Larson and Paul Silverstein of Andrews Kurth LLP.
“We are grateful that the entire panel of arbitrators paid such serious and close attention to the law and the evidence, in finding that Primcogent would not have entered into the deal if the true legal and financial picture had been properly disclosed,” Mr. Hamilton said. “This was a classic case of negligent misrepresentation to induce a transaction. This award will provide a strong measure of justice to the financial victims and creditors.”
Co-defendant Erchonia Corporation settled with the Chapter 7 Trustee on the morning of opening statements in the arbitration hearing.
Chris Hamilton is a trial lawyer who handles high-stakes contingency fee litigation for both plaintiffs and defendants. For more information, visit http://www.standlyhamilton.com.For more information on the lawsuit, please contact Mark Annick at 214-559-4630 or firstname.lastname@example.org.
April 07, 2017
Three Standly Hamilton Attorneys Selected to 2017 Rising Stars List
Standly | Hamilton, LLP, is pleased to announce that three attorneys from the firm’s litigation section have been named 2017 Texas Rising Stars by Super Lawyers. Attorneys Anne Langdon Hamilton, Jodie Slater Hastings, and Meagan Martin were all selected as Texas Rising Stars. Jodie Slater Hastings was selected for the tenth year in a row for her work in Business Litigation, Meagan Martin was selected for the fifth year in a row for her work in Business Litigation, and Anne Langdon Hamilton was selected for the fourth year in a row for her work in Plaintiff’s Civil Litigation. The Rising Star designation is awarded to the top up-and-coming Texas lawyers who are under 40 years old or who have been in practice for 10 years or less. No more than 2.5% of lawyers in Texas are selected each year.
As an additional honor, Jodie Slater Hastings was selected to the Top 100 Up-and-Coming Texas Rising Stars list and to the Top 50 Up-and-Coming Women Texas Rising Stars list.
The 2017 list of Texas Rising Stars is available in the May issues of Texas Monthly and Texas Super Lawyers Magazine.
March 08, 2017
Chris Hamilton of Standly Hamilton Named Texas Super Lawyer
DALLAS – Trial lawyer Chris Hamilton of Dallas’ Standly Hamilton, LLP, has been named a Texas Super Lawyer for 2016 based on his work in business litigation for individuals and companies of all sizes. Each year, no more than 5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This is the third year in a row that Mr. Hamilton was been included on the Super Lawyer list.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
In addition to representing individuals and businesses in high-profile commercial cases against some of the world’s largest corporations, Mr. Hamilton also represents individuals in qui tam litigation, catastrophic personal injury claims and select matters involving important social issues. Further demonstrating his considerable legal abilities, he also defends business clients in high-stakes cases.
Mr. Hamilton recently won a $19.7 million compensatory damages jury verdict in a wrongful death case alleging medical malpractice against a local doctor on behalf of the family of Katina Clark, who spent more than a year in a permanent vegetative state before her death following brain damage she sustained as a patient at the same hospital where she worked as a surgical technician.
Mr. Hamilton is a repeat honoree in the annual Texas Rising Stars list published in Texas Monthly magazine, which honors the state’s top young lawyers. He also is a member of the Leader’s Forum for the American Association for Justice, and has served as an adjunct professor of Trial Advocacy at the Southern Methodist University Dedman School of Law.
Standly Hamilton, LLP, is home to trial lawyers who handle high-stakes contingency fee litigation for both plaintiffs and defendants, and transactional attorneys who represent real estate and corporate clients in a wide spectrum of business transactions. For more information, visit http://www.standlyhamilton.com
September 07, 2016
Atrium Medical Agrees to $11.5 Million Settlement in Texas False Claims Act Case
Whistleblower exposed kickbacks to doctors for recommending stents
DEL RIO, Texas, July 28, 2016 /PRNewswire/ — Attorneys representing whistleblower Esther Grace Sullivan have reached an $11.5 million settlement with New Hampshire-based Atrium Medical Corp. over claims that the company paid improper kickbacks to doctors for promoting the unapproved use of medical stents in patients’ arteries.
The settlement is one of the largest in U.S. history under the federal False Claims Act involving a medical device where the government declined to intervene. The Dallas law firm Standly Hamilton, LLP, joined the case on Ms. Sullivan’s behalf in 2014.
A former sales representative and territory business manager for Atrium from 2007 to 2012, Ms. Sullivan alleged that the company engaged in an extensive nationwide scheme to promote its iCast brand stent for use in the vascular system even though it was federally approved only for treating tracheobronchial obstructions.
According to the lawsuit, Atrium used a system of referral dinners to induce physicians to implant the stents in the arteries of elderly patients while submitting payment claims to Medicare. The lawsuit also alleged Atrium provided financial grants and other kickbacks to doctors in violation of the federal Anti-Kickback Statute.
Atrium sold an estimated $382 million in iCast stents from 2007 to 2012. Ms. Sullivan said she believed nearly 100 percent of those were implanted for unapproved uses and that more than 70 percent were paid for by Medicare, Medicaid, military hospitals and the U.S. Department of Veterans Affairs.
In addition to Mr. Hamilton, the legal team representing Ms. Sullivan included Meagan Martin and Kevin Colquitt from Standly Hamilton and attorneys from Waters & Kraus, LLP, in Dallas; Taibi Kornbluth Law Group, P.A., in Durham, North Carolina; and The Law Offices of Jeffrey A. Newman & Associates in Boston.
“We are extremely happy to help resolve this matter for Grace, and it is particularly gratifying since this case was declined by the government,” says Mr. Hamilton, who is experienced in False Claims Act cases. “This was a victory not only for our client but for the many people whose taxes were spent on a device that was used in a way that was never approved by the FDA.”
Ms. Sullivan is eligible for a money award based on her role in exposing the scheme, with most of the settlement money going to the government agencies that paid for the iCast devices that were used inappropriately.
The case is United States of America ex rel. Esther Sullivan, et al. v. Atrium Medical Corporation, No. 5:13-CV-0244, in the U.S. District Court for the Western District of Texas. The court issued an order on July 22 dismissing the case following the settlement announcement.
Standly Hamilton, LLP, is a trial firm based in Dallas. Our firm is home to lawyers who handle high-stakes contingency fee litigation for both plaintiffs and defendants, and transactional attorneys who represent real estate and corporate clients in a wide spectrum of business transactions. For more information, visit http://www.standlyhamilton.com.
July 28, 2016
Standly Hamilton Adds Personal Injury Attorney Stephen Blackburn in Dallas
Experienced trial lawyer expands firm’s expertise in injury, wrongful death cases
DALLAS – The Dallas-based law firm Standly Hamilton, LLP, is happy to announce that experienced personal injury attorney Stephen Blackburn has joined the firm.
Mr. Blackburn is a trial lawyer who focuses his practice on representing clients in cases involving serious personal injuries, wrongful death and dangerous water contamination. He previously worked with the Baron & Budd law firm in Dallas.
A veteran of high-stakes cases in courtrooms across the country, Mr. Blackburn also has experience representing people and communities in environmental contamination claims, in addition to providing extensive expertise in cases involving dangerous medical devices, pharmaceutical drugs and exposure to toxic chemicals and other dangerous products. Read more about his background and capabilities here: http://www.standlyhamilton.com/stephen.html.
“I am very excited about continuing my work at Standly Hamilton by helping people who often are facing life-altering injuries that were caused by a corporation or someone else’s negligence,” says Mr. Blackburn. “Chris Hamilton and I have worked together over the years, and we both are looking forward to protecting our clients’ rights and growing the firm.”
A graduate of the University of Michigan Law School, Mr. Blackburn earned his undergraduate degree from the University of Florida. He is admitted to practice law in both Texas and California, including the U.S. District Court for the Northern District of Texas and the Northern and Central Districts of California.
Mr. Blackburn is a member of the American Bar Association, American Association for Justice and the Public Justice Foundation.
Standly Hamilton, LLP, is a trial firm based in Dallas. We try cases others won’t and only take cases we believe in. Our firm is home to lawyers who handle high-stakes contingency fee litigation for both plaintiffs and defendants, and transactional attorneys who represent real estate and corporate clients in a wide spectrum of business transactions. For more information, visit http://www.standlyhamilton.com.
July 19, 2016
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