Darius Enterprises Updates Lawsuit Against Kimberly-Clark Regarding Respiratory Device Invention For Breach of Contract
Kimberly-Clark is alleged to have withheld accurate royalty payments and breached contract with inventor of respiratory device. Kimberly-Clark is also alleged to have concealed the Mist-Assist (TM) respiratory device from those afflicted with World Trade Center Cough.
Darius Enterprises Updates Lawsuit Against Kimberly-Clark Regarding Respiratory Device Invention
TAMPA, Fla.--(BUSINESS WIRE)--Jan. 30, 2002--
Breach of Contract and Product Concealment from
People Afflicted with World Trade Center Cough
In a law suit filed by Howard Rubin of Darius Enterprises, Inc., in Utah State Federal Court (Case No. 2:99 CV 0703J), Kimberly-Clark Corporation (NYSE:KMB) is alleged to have fraudulently withheld true royalty payments and for misrepresenting contractual warranties by not disclosing all documents and agreements at the signing of contract.
Darius Enterprises CEO, Howard Rubin, is an inventor of the respiratory product known as Mist-Assist (TM). These charges are being added to the suit originally filed in September 1999.
"All this transpired while I honored the non-compete agreement that prevented me from working as a respiratory therapist and helping patients, thereby damaging my family's livelihood. I originally settled with Kimberly-Clark after they infringed on my patent by entering into a purchase agreement," claims Howard
Rubin.
"Royalty payments were grossly inaccurate for several years, with a 56% discrepancy in one year. Domestic sales remained low while greater efforts were placed into foreign markets, such as the Middle East. Serious investigations revealed that most of these foreign sales were kept hidden by Kimberly-Clark," reveals Howard Rubin.
"Because of the clear therapeutic benefit of the Mist-Assist, we urged Kimberly-Clark to make the product known and available to the thousands of rescue workers in Manhattan afflicted with severe respiratory problems," claims Howard Rubin.
This respiratory product, known as Mist-Assist, was desperately needed by all those afflicted with "World Trade Center Cough." As the Twin Towers collapsed, plumes of dust, smoke, and hazardous materials became airborne and inhaled, including asbestos and PCBs. A series of respiratory illnesses have developed in over 4,000 of the 11,000 rescue workers, many of which included firefighters, that were exposed near
Ground Zero. Caustic smoke and dust continued to be released from Ground Zero three months after
September 11, 2001.
Ailments include a dry, chronic cough, lung irritation, wheezing, and shortness of breath, often requiring hospital treatment. Also associated with this disease are chronic sinus infections, acute lung trauma, and severe asthma. An even greater number of people living and working in Manhattan were affected, including many children.
The Mist-Assist strengthens lungs as a breathing exerciser and helps combat smoke and particle inhalation. It sends metered dosage medication much deeper into the lungs than other inhalers, and adapts to perform nebulization and oxygen treatments. Mist-Assist can be manufactured for under $ 2 per unit.
"The Mist-Assist is a crucial respiratory device that was needed for the police, firemen, and volunteers who risked their lives shifting through the smoking rubble of the World Trade Center. Kimberly-Clark continues to conceal, and not advertise, an effective and inexpensive, therapeutic product, from the American people,
while they continue to sell the product to foreign lands, including the Middle East," claims Howard Rubin.
Darius Enterprises, Inc. is a medical products design corporation. Its founder and CEO, Howard Rubin, has been a respiratory therapist since 1968 and holds a total of four respiratory patents. Darius Enterprises is in the process of bringing several additional products to market for the respiratory field.
CONTACT: Darius Enterprises, Inc., Tampa
Howard Rubin or Darren Rubin, 813/716-2728
DariusEnterprise@aol.com
|
