Omnicare Pharmacy Files Breach of Contract Suit Against Two Nursing and Rehabilitation Facilities

On Thursday a complaint was filed in the District Court of the 116th Judicial District, Dallas County, Texas. The complaint, filed by Omnicare Pharmacy of Texas against Tyler Petal Hill Nursing and Rehabilitation and Rose Hill Nursing and Rehabilitation (Tyler), regards contractual issues after Omnicare Pharmacy underwent a merger with Regency Integrated Health Services LLC.

Originally, Regency Integrated Health Services was in a contractual relationship with Tyler to provide pharmaceutical goods and services under a 2018 Master Agreement, according to the complaint. The plaintiff noted that in May of 2019, Regency was acquired by Omnicare Pharmacy and all rights and contracts were assigned to the newly merged entity. Reportedly, notice of the assignment was sent to the Tyler defendants and no complaint or negotiation of terms occurred. Omnicare claimed that it continued to fulfill the terms of the contract from May 2019 through December 2019, and the defendants accepted delivery of the pharmaceutical materials. However, no payments were tendered for the services despite communications acknowledging payment was owed and due, according to the complaint. The defendants then allegedly indicated that all services would need to be audited prior to payment, even though this was not an option under the 2018 Master Agreement. Further attempts to negotiate regarding amendments to the 2018 agreement failed, Omnicare Pharmacy claimed.

Omnicare is pursuing breach of contract, unjust enrichment, quantum meruit, account stated, breach of implied contract, and estoppel causes of action. The plaintiff is represented by Wright & Greenhill P.C. as well as Rupp Baase Pfalzgraf Cunningham LLC.