DAVID V. GOLIATH SMALL COMPANY AWARDED $15.5 MILLION ARBITRATION AWARD

 

Lifecare International, lnc. v. CD Medical, lnc.

 

Algeria wanted to make kidney dialysis more available to its population. CD Medical, originally owned jointly by Cordis and Dow Chemical, manufactured kidney dialysis machines and the disposable products needed for each dialysis treatment. Our client, Lifecare International, was CD Medical’s exclusive Middle East distributor. Lifecare secured a contract to provide the Algerian government with more than $10 million in equipment and disposables during the first year of the program.

 

CD Medical’s European division decided it wanted the business and approached the Algerian government behind Lifecare’s back, queering the deal for everybody.  Witnesses and documents establishing the interference were scattered over three continents, and the parties’ arbitration agreement meant the evidence had to be gathered without formal discovery. Trial by ambush was the rule, which put a premium on trial as opposed to litigating skills. After 20 days of arbitration, the three arbitrator panel awarded Lifecare $15.5 million.  The Southern District of Florida confirmed the award and the Eleventh Circuit affirmed.