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Maternity-care administration platform Dorsata filed a lawsuit in Suffolk County, Massachusetts, Civil Courtroom yesterday in opposition to healthcare know-how firm athenahealth and nationwide girls’s well being firm Unified Girls’s Healthcare, alleging 11 counts in opposition to the suppliers, together with theft of commerce secrets and techniques, unjust enrichment, breach of contract and tortious interference with present clients.
Dorsata provides a software designed to assist forestall variations in medical care throughout maternity and to lower the speed of preventable problems by utilizing point-of-care know-how and medical knowledge.
Within the criticism, Dorsata, Inc. vs. Athenahealth Group, Inc., searchable right here, Dorsata claims that, in 2021, Unified bought Girls’s Well being USA, an present shopper of Dorsata. After the acquisition, athena approached Dorsata proposing the 2 entities work collectively to pursue a broader relationship with Unified by creating an built-in resolution to pitch to the corporate.
In line with Dorsata, after signing a nondisclosure settlement, and amid discussions of athena’s attainable acquisition of the EHR participant, it supplied commerce secrets and techniques to athena and the 2 corporations made oral agreements to method Unified as a three way partnership.
Dorsata subsequently developed a software program product dubbed vU that it and athena would pitch collectively to Unified.
Dorsata alleges that athena, in the meantime, was creating its personal model of vU to pitch to Unified, with out Dorsata’s data. It concurrently satisfied the EHR participant to signal a promissory notice with an exclusivity clause, that means Dorsata was prevented from conducting enterprise with athena opponents.
Dorsata had wanted a money infusion for its enterprise, and athena supplied $6 million to the corporate, the phrases of which had been addressed within the promissory notice.
Dorsata says Unified aided and abetted athena’s actions, and the 2 corporations reduce Dorsata out of the deal, leading to, amongst different incurrences, issue for Dorsata to pay again its $6 million as a consequence of athena by 2025.
Dorsata additionally alleges athena is eliciting enter from the firm’s present clients, requesting that corporations evaluate its uV-type product to Dorsata’s and that athena is gaining suggestions about how one can improve its providing.
Dorsata introduced 9 causes of motion in opposition to athena, together with unfair and misleading acts and practices, breach of oral contract, breach of fiduciary obligation, widespread regulation fraud, unjust enrichment, theft of commerce secrets and techniques, tortious interference with present clients, breach of nondisclosure settlement and industrial disparagement.
The corporate introduced two counts in opposition to Unified, together with aiding and abetting a breach of fiduciary obligation and breach of contract.
Dorsata is looking for damages incurred from a lack of anticipated earnings, the worth of damage to status, a lack of firm valuation, the worth of future misplaced enterprise and damages for unlawfully gained industrial market benefit.
It’s also requesting the court docket discover the promissory notice was “a fraudulent artifice supposed to stop Dorsata from competing within the market” and, due to this fact, forestall athena from looking for to gather the $6 million.
“We’ve been severely broken, and we hope the court docket will rectify the scenario,” David Fairbrothers, cofounder and CEO of Dorsata, instructed MobiHealthNews in an electronic mail.
In an electronic mail to MobiHealthNews, athenahealth mentioned it does not touch upon pending litigation.
