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Pharmaceutical distributor alleges healthcare facility failed to make payments

By Noddy A. Fernandez | May 8, 2017

BELLEVILLE — A global company that specializes in medical and pharmaceutical distribution is suing a healthcare facility and personal guarantees for alleged breach of contract and unjust enrichment.

Cardinal Health 110, LLC filed a complaint on April 10 in the St. Clair County Circuit Court against MDM Healthcare, Inc., and guarantees, Mark E. Waltz, Dean Rallo and Melissa Epps, alleging they failed to comply with its payment terms.

According to the complaint, the plaintiff alleges that on  May 16, 2014, MDM executed and delivered a credit application to Cardinal Health. Waltz, Rallo and Epps were made personal guarantees, requiring them to order and receive pharmaceutical products in exchange for payment. However, Cardinal Health claims it did not receive the amount due and owing on the trade account amounting to $184,912.59. 

The plaintiff alleges the defendants failed to comply with the payment terms on the trade account in connection with the products sold and delivered pursuant to the terms of the Credit Application.

The plaintiff requests a trial by jury and seeks payment for the trade account amounting to $184,912.59, plus service charges, attorneys' fees, costs, and for such other and further relief to which plaintiff is entitled. 

They are represented by Christy A. Prince and Victoria E. Beckman of Kegler, Brown, Hill and Ritter Co., LPA in Columbus, Ohio.

St. Clair County Circuit Court case number 17-L-188

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