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Resmed Appears Headed To Court
Posted by Rooster at cpaptalk.com:
"US company in court after losing sleep over Resmed
ELI GREENBLAT
March 15, 2010
AUSTRALIAN respiratory medical device manufacturer Resmed has been dragged into an anti-trust case in the United States as an aggrieved distributor seeks access to a portfolio of sleep devices to sell to the US government's Department of Veterans Affairs.
Resmed, along with its competitor Philips Respironics, is named as a defendant in a civil court action by Vaughn Medical Equipment Repair Service. Vaughn has lodged documents with the Louisiana Eastern District Court and filed the action under anti-trust litigation.
The distributor contends it is being denied access to Resmed's range of sleep apnea devices as it attempts to become a supplier to the department that looks after servicemen and women and their dependants. The Department of Veterans Affairs spends large amounts on sleep-related health issues and operates sleep-disorder centres around the country.
Sleep apnea, a common disorder that causes frequent pauses in breathing during sleep - often accompanied by snoring, poor sleep and daytime sleepiness, is estimated to affect about 2 per cent of women and 4 per cent of men in the US. It can lead to a range of health problems including high blood pressure and heart disease.
A spokesman for Resmed said there was no merit in the court action by Vaughn and the case would be defended vigorously.
For the six months to December 31, Resmed reported an 18 per cent increase in revenue to $US522.12 million as profit rose 42 per cent to $US88.08 million. In the second quarter of fiscal 2010, Resmed produced a 20 per cent sales increase in the Americas, resulting in $US148 million in revenue for the period. Sales outside the Americas increased by 27 per cent to $US127.1million over the prior year's quarter, or a 14 per cent gain.
Source: The Age
Full article: http://www.theage.com.au/business/us-co ... -q62b.html
Views: 139
Replies to This Discussion
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Permalink Reply by Judy on
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Actually, it appears this may be a Civil Rights, discrimination suit. Respironics and Resmed aren't the prime defendents. The prime defendent is Jordan Reses Supply Company. But, of course, Respironics and Resmed have the deepest pockets.
The plaintiff has some things going for them: they are a DAV owned, veteran owned, minority owned, Small Disadvantaged business and they are also minority owned and black American owned.
I believe the plaintiff is more into the repairing and refurbishing of equipment. I'll have to go back and read some more. Not that there is that much I've been able to find yet.
And I believe I've also read that Louisiana and Texas are two popular states for lawyes to file such suits against big businesses as these two states tend to be quite plaintiff friendly against big business (read deep pockets) defendents.
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Ha! With the money in Philips Respironics' and Resmed's pockets this case could go on for years and years and years.
And now - nap time. I'm dead on my seat, er, feet.
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Permalink Reply by RockRpsgt on
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It just all depends on how much government support the plaintiff gets. If given the right amount of help this could be over very fast.
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Permalink Reply by Mike on
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if that's true that it's essentially a discrimination suit, then its curious why it was filed as an antitrust suit. antitrust is about unfairly limiting consumer choice.
Judy said:Actually, it appears this may be a Civil Rights, discrimination suit. Respironics and Resmed aren't the prime defendents. The prime defendent is Jordan Reses Supply Company. But, of course, Respironics and Resmed have the deepest pockets.
The plaintiff has some things going for them: they are a DAV owned, veteran owned, minority owned, Small Disadvantaged business and they are also minority owned and black American owned.
I believe the plaintiff is more into the repairing and refurbishing of equipment. I'll have to go back and read some more. Not that there is that much I've been able to find yet.
And I believe I've also read that Louisiana and Texas are two popular states for lawyes to file such suits against big businesses as these two states tend to be quite plaintiff friendly against big business (read deep pockets) defendents.
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I thought I saw it listed in Civil suits and my twisted mind converted that to civil rights?? What do I know? YOU are the lawyer, Mike. Why can't YOU find out more about it?
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below is some more info I found quickly on it. If i paid a few hundred dollars to access an online database, i could find out everything about it in a minute.
Vaughn Medical Equipment Repair Service, L.L.C. v. Jordan Reses Supply Company et al
Plaintiff: Vaughn Medical Equipment Repair Service, L.L.C.
Defendants: Jordan Reses Supply Company, Respironics, Inc. a/k/a Philips Respironics and ResMed Corp.
Case Number: 2:2010cv00124
Filed: January 19, 2010
Court: Louisiana Eastern District Court
Office: New Orleans Office
County: Orleans
Presiding Judge: Judge Helen G. Berrigan
Referring Judge: Magistrate Judge Karen Wells Roby
Nature of Suit: Other Statutes - Antitrust
Cause: 15:15 Antitrust Litigation
Jurisdiction: Diversity
Jury Demanded By: Plaintiff
(excerpted from http://dockets.justia.com/docket/court-laedce/case_no-2:2010cv00124...)
Judy said:I thought I saw it listed in Civil suits and my twisted mind converted that to civil rights?? What do I know? YOU are the lawyer, Mike. Why can't YOU find out more about it?
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Ahhh, there's the twist. You're right, Mike. Its not worth paying hundreds of dollars for further info. And I really appreciate your clarifying that it is an anti-trust case when I mis-led everyone about Civil court and civil suit and jumped to the conclusion of civil rights. Thank you.
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