Pharmaceutical company files breach suit against St. Elizabeth's

Steve Gonzalez Oct. 16, 2008, 5:14am

Reliance Pharmaceuticals filed a breach of contract complaint against St. Elizabeth's Hospital alleging it failed to pay for 200 boxes of Zemuron, a medication used for relaxing muscles during surgery and mechanical breathing.

According to the suit filed Oct. 1 in federal court, a St. Elizabeth's employee purchased 200 boxes of Zemuron for the hospital on July 16.

According to Reliance, it sent 120 boxes worth $208,918.20 to the hospital which accepted the shipment.

Reliance, also known as Med-Search, claims it has made repeated demands for payment.

"St. Elizabeth's failure to pay has been willful since it clearly accepted the Zemuron in question and, nevertheless, consciously disregarded its obligation to pay Med-Search the monies that are due and owing," the complaint states.

In addition to compensatory damages of $208,918.20, Med-Search is seeking prejudgment interest and other relief the court deems appropriate.

Timothy Richards of Belleville is representing Med-Search.

The case has been assigned to Chief District Judge David Herndon and Magistrate Clifford Proud.

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