AmerisourceBergen Sues Over Unpaid Pharmacy Goods

AmerisourceBergen Drug Corporation (ABDC) has filed suit against defendants SDF Pharmacy, Inc., Unimed Family Healthcare Pharmacy, G.L. Pharmacy Holdings, LLC, Mohammad W. Billah, Khaleda L. Billah, and Daniel Gelbinovich over alleged unpaid balances from the pharmacies to ABDC. Until January 2021, ABDC sold pharmaceutical, health and beauty aid products to SDF Pharmacy. The pharmacy only partly paid for these products, leaving a substantial outstanding balance. ABDC is seeking judgement as well as any other relief the Court deems just and proper.

SDF delivered a credit application to ABDC in 2019 where they agreed to pay ABDC for the products they purchased in a prompt and timely manner. This agreement also detailed an interest rate of 18% per annum for “delinquent balances,” in addition to SDF’s agreement to pay all of “ABDC’s costs and expenses, including attorney’s fees, incurred in the event SDF Pharmacy defaulted under the terms of the SDF Credit Application.” Their alleged failure to pay constitutes a default on the credit application, meaning they owe late charges, interest, and attorney’s fees in addition to the outstanding balance. The amount SDF has yet to pay ABDC amounts to $84,703.46.

Defendants Mohammad W. Billah and Khaleda L. Billah purportedly supplemented the SDF agreements with their own personal guarantys, promising “prompt payment of all monies due and owing from the Pharmacy to ABDC.” ABDC argues that as long as payment is withheld, SDF is unjustly enriching themselves.

SDF also provided a blanket lien to ABDC that included assets such as inventory, accounts receivable, prescription files, fixtures, furniture, goodwill, etc. ABDC claims they are entitled to the immediate possession of this collateral, and if it is not provided, they claim that “a sheriff or marshal may break open, enter, and search the Premises and/or any place in which the SDF Collateral may be found, and seize the SDF Collateral sufficient to satisfy the indebtedness.”

In July of 2020, G.L. Pharmacy Holdings (GL) purchased the assets of SDF Pharmacy, thereby assuming SDF Collateral. GL has also failed to pay ABDC the sum of money they owe in full, leaving an outstanding balance of $97,899.15. GL has not paid any part of this balance, despite having a credit application with ABDC as well as a blanket lien entitling ABDC to GL Collateral. Defendant Gelbinovich also delivered a personal guaranty to ABDC promising timely payment. The plaintiffs are demanding judgment on these outstanding balances in addition to relief the Court may deem proper.

ABDC is represented by Kurzman Eisenberg Corbin & Lever, LLP.