JACKSONVILLE — A Jacksonville pharmacy is suing a California-based pharmaceutical manufacturer, citing alleged breach of contract, breach of warranty and negligent misrepresentation.
Smart Pharmacy Inc., a community and compounding pharmacy, sued Alexso Inc. on Feb. 17 in U.S. District Court for the Middle District of Florida Jacksonville Division, alleging that an Alexso sales representative had claimed that its TeroDerm base used in compounded medications was reimbursable under the military TRICARE program.
According to the complaint, the material was determined not to be reimbursable. However, the suit says, Smart Pharmacy's American Express card was billed for two payments of $187,500 for the material, and after Smart Pharmacy disputed one payment through VISA, VISA refunded the amount minus a $23,715.75 restocking fee.
The plaintiff seeks the following: compensation for the principal amount of $211,215.75, plus interest, pre-judgment and post-judgment interest, attorneys' fees and costs and any further relief that the court may deem just and proper. The plaintiff is represented by H. Timothy Gillis of Gillis Way & Campbell in Jacksonville, Florida.
U.S. District Court for the Middle District of Florida Jacksonville Division Case number 3:16-cv-00145