LEGAL PROCEEDINGS
−Removed: time to time in the normal course of our business operations, we may become subject to litigation that may result in liability material
−Removed: to our financial condition as a whole or may negatively affect our operating results if changes to our business operations are required.
−Removed: The cost to defend such litigation may be significant and may require a significant diversion of our resources, and there is no guarantee
−Removed: that we will be able to successfully defend against any such litigation regardless of particular merits.
−Removed: There also may be adverse publicity
−Removed: associated with litigation that could negatively affect customer perception of our business, regardless of whether the allegations are
−Removed: valid or whether we are ultimately found liable.
−Removed: Insurance may not be available on favorable terms, at all, or in sufficient amounts
−Removed: to cover any liabilities with respect to these or other matters.
−Removed: A judgment or other liability in excess of our insurance coverage for
−Removed: any claims could adversely affect our business, financial condition and the results of our operations.
−Removed: reference the Litigation section of Note 11 to the unaudited financial statements for additional disclosure.
+Added: time to time, the Company may be involved in litigation relating to claims arising out of operations in the normal course of business.
+Added: As of the date of issuance, other than those described below, there were no pending or threatened legal proceedings that could reasonably
+Added: be expected to have a material effect on the results of the Company’s operations.
+Added: There are also no proceedings in which any of
+Added: the Company’s directors, officers or affiliates is an adverse party to the Company or has a material interest adverse to the Company’s
+Added: Legal fees are expensed as incurred.
+Added: February 6, 2019, plaintiff Ritu Bhambhani, M.D., initiated a lawsuit against Innovative Health Solutions, Inc.
+Added: and others in the United
+Added: States District Court for the District of Maryland.
+Added: Plaintiffs Bhambhani and Sudhir Rao subsequently amended the complaint, with the
+Added: Third Amended Complaint (“Complaint”) containing the most recent set of allegations.
+Added: The Complaint asserted claims under
+Added: the RICO Act, as well as of fraudulent misrepresentation, intentional misrepresentation by concealment, and civil conspiracy and sought
+Added: compensatory damages in excess of $5 million, pre-judgment interest, punitive damages, attorney’s fees, court costs and designation
+Added: of the case as a class action.
+Added: The Complaint stated that the Company, distributors of the Company’s product, and medical billing
+Added: and coding consultants allegedly made misrepresentations to the plaintiffs that the Company’s NeuroStim device and related procedures
+Added: could be billed to, and reimbursed by, Medicare and other insurance payors as a surgically implantable neurostimulator.
+Added: Plaintiffs claim
+Added: to have suffered damages when Medicare administrative contractors declined to pay plaintiffs for their use of the device.
+Added: February 11, 2022, the Company filed a motion for summary judgment based upon the plaintiffs not being proper parties to assert claims
+Added: against the Company.
+Added: On June 14, 2022, the Court granted the Company’s motion for summary judgment and dismissed the Complaint.
+Added: July 14, 2022, plaintiffs Ritu Bhambhani and Sudhir Rao filed a notice of appeal with the Fourth Circuit Court of Appeals.
+Added: 2024, the Fourth Circuit denied the plaintiff’s appeal and entered judgment against the plaintiffs.
+Added: On June 25, 2024, the Fourth
+Added: Circuit entered its mandate declaring that its judgment against the plaintiffs took effect that day.
+Added: The plaintiffs did not seek any
+Added: further review or appeal of that judgment.
+Added: on July 14, 2022, plaintiffs Ritu Bhambhani, LLC;
+Added: Box Hill Surgery Center, LLC;
+Added: Pain and Spine Specialists of Maryland, LLC;
+Added: SimCare ASC, LLC initiated a lawsuit against the Company and others in the United States District Court for the District of Maryland
+Added: (the “2022 Lawsuit”).
+Added: The plaintiffs in this lawsuit are business entities owned or partially owned by the plaintiffs that initiated
+Added: the litigation described above.
+Added: The Complaint asserted claims under the RICO Act, as well as fraudulent misrepresentation,
+Added: intentional misrepresentation by concealment, and civil conspiracy and seeks compensatory damages in excess of $75,000, pre-judgment
+Added: interest, punitive damages, attorney’s fees, and court costs.
+Added: The Complaint states that the Company, distributors of the
+Added: Company’s product, and medical billing and coding consultants allegedly made misrepresentations to the plaintiffs that the
+Added: Company’s NeuroStim device and related procedures could be billed to, and reimbursed by, Medicare and other insurance payors
+Added: as a surgically implantable neurostimulator.
+Added: Plaintiffs claim to have suffered damages when Medicare administrative contractors
+Added: declined to pay plaintiffs for their use of the device.
+Added: September 28, 2022, the Company filed a motion to dismiss all claims.
+Added: On May 25, 2023, the Court issued an Order and a Memorandum Opinion
+Added: which dismissed the plaintiffs’ claims related to the RICO Act.
+Added: The remaining claims are still pending, and no trial date has been
+Added: set for the case.
+Added: The Court has vacated its Scheduling Order at the parties’ request so that the parties could try to resolve the
+Added: disputes in both cases through an independent third-party mediator.
+Added: On April 25, 2025, the parties reached a
+Added: tentative $750,000 settlement payable in 12 equal monthly installments beginning in January of 2026.
+Added: January 2024, Dr.
+Added: Arturo Taca served notice to the Company that asserted an interest in its U.S.
+Added: 10,413,719 valued at
+Added: $2,000,000 based on his own work in neurostimulation.
+Added: The Company denied both the neurostimulation patent and compensation claims.
+Added: The case remains unresolved.
+Added: While it is too early to predict the ultimate outcome of this matter, we believe the Company
+Added: has meritorious defenses and intends to defend this matter vigorously.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.