Trial Magazine

Verdicts & Settlements: Intentional Torts

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Fraud, breach of contract

August 2024

Medical imaging provider Bridgeway Diagnostics purchased a refurbished MRI unit from Hitachi Healthcare Americas Corp. The Hitachi sales representative allegedly told Bridgeway that the imaging machine, whose purchase price was approximately $965,000, would have the newest generation technology available. After the sale, Bridgeway began experiencing issues with the MRI. Hitachi promised software updates but failed to update, replace, or repair the MRI. As a result, Bridgeway was unable to perform certain MRI scans, including particular contrast studies, which resulted in lost profits. Additionally, Bridgeway was unable to remove the machine, which would have necessitated structural changes.

Bridgeway sued Hitachi, alleging fraud and breach of contract. The plaintiff alleged that the MRI lacked the newest MRI magnet technology, making the performance of certain procedures untenable.

The jury awarded $5.7 million, including $2 million in punitive damages.

Citation: Bridgeway Diagnostics, LLC v. Hitachi Healthcare Americas Corp., No. CV-21-945745 (Ohio Ct. Com. Pl. Cuyahoga Cnty. Feb. 29, 2024).

Plaintiff counsel: AAJ members Peter Soldato and Justin Abbarno, both of Mentor, Ohio.

Plaintiff expert: David Levins, medical billing, Birmingham, Ala.