| PORTLAND,
October 5, 2004–A settlement has been
reached in a lawsuit between Portland-based Qmedtrix Systems,
Inc. and ADP, Inc. A federal court jury previously had found
in favor of Qmedtrix on its claim for damages, awarding more
than $245,000. The terms of the settlement are confidential,
but the lawsuit was dismissed before a judgment was entered
with respect to the jury verdict.
Qmedtrix had alleged that it had been damaged by being supplied
with a faulty database of medical state fee schedules. The
federal court jury agreed.
ADP Context and an affiliated ADP company, ADP Leasing, started
the lawsuit when Qmedtrix refused to pay the contract balance
on the product. According to evidence at the trial, Qmedtrix
had said that it would not pay for a faulty product that ADP
could not fix.
In response to the ADP lawsuit, Qmedtrix filed and prevailed
on counterclaims for breach of express warranty, breach of
contract and indemnity in a jury trial that concluded January
23, 2004. The jury awarded $245,023.89 damages for breach
of license agreement obligations by one of the ADP companies,
ADP Context. The jury also indemnified Qmedtrix from the amount
remaining on its contract with ADP Leasing, the ADP company
which had financed the purchase.
"The jury recognized that ADP Context breached its contract
by providing inaccurate data and not correcting it when notified,"
said Eric Neiman, of Williams, Kastner & Gibbs PLLC, attorney
for Qmedtrix.
While post-trial issues were under consideration by the trial
judge, the parties agreed to settle. "Our position was
vindicated by the jury's verdict," said Qmedtrix CEO
and founder Merrit Quarum, M.D.
ADP Context supplied Qmedtrix with workers' compensation
fee schedules from 50 states. Qmedtrix, which develops decision
software and systems for medical bill review, uses state fee
schedules as one of the fundamental components of bill adjudication
for customers nationwide. According to evidence at the trial,
when ADP Context's data proved faulty during extensive quality
testing by Qmedtrix, ADP Context denied there was a problem
and refused to make corrections. Ultimately, Qmedtrix rejected
the database and declined to make further payments. When ADP
took the matter to federal court, Qmedtrix countersued.
"We made the decision to go to court as a matter of
principle," said Quarum. "Fortunately, our pre-testing
showed that the data was faulty before it was incorporated
into our own system."
The amount of damages awarded to Qmedtrix reflected the cost
incurred to develop and staff a new in-house fee schedule
department to create the database Qmedtrix anticipated receiving
from ADP Context.
In addition to Neiman, Qmedtrix was represented by George
Pitcher, also from Williams, Kastner & Gibbs. ADP Context
and ADP Leasing were represented by Joel Leonard of Holland
& Knight LLP.
About Qmedtrix
Qmedtrix is one of the nation's leading decision software
firms specializing in medical bill review solutions and services,
which address inaccurate and inappropriate charges. Qmedtrix
offers a complete spectrum of services to support the efforts
of its clients, which include self-insured corporations, health
care companies, third-party administrators, state funds and
insurance companies. The company's rules engine and proprietary
database set the industry standard.
^
top |