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WEST VIRGINIA RECORD

Saturday, May 18, 2024

Company sues doctor, pain clinic for contract breach

Medical

WINFIELD – Complete Medical Practice Management LLC is suing a physician and a pain clinic it claims breached their contract with the company.


In March 2014, after conducting market analysis research identifying the need for a pain management clinic in Putnam County, the plaintiff set out to open one in the Teays Valley area and began looking for a physician to staff the clinic, according to a complaint filed in Putnam Circuit Court.


CMPM claims it initially intended to employ the physician, but later determined to contract with the physician for it to provide management and other services to the physician, who would oversee all medical aspects of the operation of the clinic.


In June, CMPM obtained Dr. Sudhakar Mannam's curriculum vitae and contacted him to inquire as to his interest in the position and on June 20, the plaintiff arranged to interview Mannam via Skype, according to the suit.


CMPM claims in August, it negotiated for office space for the clinic at Prestige Park in Scott Depot and on Aug.. 5, a written contract was provided to Mannam.


It was agreed that Mannam would form a corporation which would ultimately enter into the contract with CMPM and that entity is Tristate Pain Care PLLC, according to the suit.


CMPM claims on Sept. 2, it sent Mannam a link and information for the West Virginia Secretary of State's office in order for Mannam to form Tristate Pain Care and also provided him with information about the proposed office location for the clinic at Prestige Park.


On Sept. 13, CMPM sent Mannam a revised proposed contract, which reduced the payment to CMPM to 48.5 percent of the clinic's gross income, according to the suit. The contract was for a three-year term.


CMPM claims on Oct. 10, Mannam informed the plaintiff that his attorney recommended he not go forward with the contract to operate the clinic and on Oct. 12, Mannam formed Tristate Pain Care with the West Virginia Secretary of State.


On Oct. 15, Mannam further stated that his attorney was concerned about CMPM's management experience and that he should employ all help at the clinic, rather than contracting for it, according to the suit.


CMPM claims Mannam also indicated that he may open a pain management clinic in Morgantown, rather than Scott Depot and inquired as to whether the plaintiff would be interested in managing the clinic in Morgantown. CMPM indicated that it would be interested in doing so.


On Feb. 9, CMPC discovered Mannam had opened a pain clinic in Scott Depot at the very location in Prestige Park that it had negotiated for the clinic, according to the suit.


CMPM claims the defendants are operating according to the business plan provided by CMPM and CMPM has received no payment from the defendants.


The defendants breached their contract with CMPM and Mannam's actions  were fraudulent, according to the suit.


CMPM is seeking compensatory and exemplary damages with pre- and post-judgment interest. It is being represented by Scott W. Andrews of Hoover Andrews.


The case is assigned to Circuit Judge Joseph K. Reeder.


Putnam Circuit Court case number: 15-C-112

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