Suit alleges pharmaceutical company failed to fill orders in timely manner

By Carrie Bradon | Apr 2, 2019

BENTON —A corporation is suing a pharmaceutical company, alleging that they failed to fill orders of minoxidil in a timely manner.

Thirty Madison Inc. filed a complaint on March 22 in the U.S. District Court of the Southern District of Illinois against Sterling Pharmaceutical Services LLC, Robert G. Flynn, Robert T. Flynn alleging fraud, civil conspiracy, unjust enrichment and breach of contract

The suit states that Thirty Madison contacted the defendant in May 2018 to manufacture minoxidil products for the plaintiff. The defendant allegedly promised that the licensing process would not be an issue. 

The defendant made numerous representations to the plaintiff about its ability to manufacture the pharmaceutical products, and the plaintiff placed an order for 30,000 bottles of the product from the defendant on July 9, 2018 for the total price of $117,500. 

The plaintiff made a 50 percent down payment and in October 2018 the defendant stated that the manufacturing was in progress. 

Then in November 2018, the Thirty Madison's president told Sterling that they were having issues supplying the products because of problems and needed to ensure that they had enough products to fulfill orders. 

Sterling agreed and the plaintiff made additional orders for the product with the purchase price of $1,030,498. The plaintiff again made a 50 percent down payment. 

However, Thirty Madison claims Sterling has failed to maintain timely deliveries of the product to date and has caused the plaintiff to suffer hundreds of thousands of dollars in loss for packaging and customer relationships.

The plaintiff is seeking trial by jury, compensation in excess of $75,000, and other relief deemed fit as well as punitive damages. The plaintiff is represented by W. Jason Rankin of Hepler Broom LLC in Edwardsville.

U.S. District Court of the Southern District of Illinois case number 3:19-CV-00338-NJR-GCS

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