A federal judge last week denied a motion by Shavano Park’s the Lynd Co. and Bio Supplies to dismiss a $90 million lawsuit against them. Adam David Lynd, the Lynd Co.’s CEO, was disappointed by the ruling but expects the companies will ultimately be “vindicated.”SAN ANTONIO — A federal judge has denied a motion by two San Antonio companies to dismiss a $90 million lawsuit that alleges they committed fraud in the sale of a disinfectant held out to kill the coronavirus.
While expressing disappointment that the court denied the motion to dismiss, Lynd Co. CEO A. David Lynd called it a “procedural setback.” In an emailed statement, AHBP lawyers Terrence Oved, Darren Oved and Glen Lenihan said: “We are pleased that the court properly analyzed the allegations that the Lynd Company and Bio Supplies defrauded our client into entering into a contract to distribute a sham disinfectant by upholding our claims for over $90 million.
But Bio Supplies knew the product — marketed as BioProtect 500 — could not destroy the coronavirus and would not meet the Argentina government’s standards to allow it to be sold in the country, AHBP said in its suit. Bio Supplies provided “fraudulent, doctored laboratory reports that grossly and falsely exaggerated the efficacy of the product,” it alleged.
But, Rodriguez added, the disputes over whether the Lynd Co. is liable for Bio Supplies’ actions should either be decided at trial or before then in a motion for summary judgment.