. \ STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS IN THE MATTER OF First Link Medical, LLC and Mary Jo Henderson, Case# L09-3-1062 Respondent. ASSURANCE OF VOLUNTARY COMPLIANCE PURSUANT to the provisions of Florida's Deceptive and Unfair Trade Practices Act ("FDUPT A"), Chapter 501, Part II, Florida Statutes, the STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS ("the Attorney General") caused an inquiry to be made into practices of First Link Medical, LLC ("First Link"), Mary Jo Henderson ("Henderson"), and Merck & Co., Inc., n/k/a Merck Sharpe and Dolune Corp. ("Merck"). Henderson agrees to be bound to the terms and conditions herein. Henderson is prepared to enter into this Assurance of Voluntary Compliance ("AVC"), without any admission that she or First Link violated the law and for the purpose of resolution of this matter only, and the Attorney General being in agreement, does in this matter accept this A VC in termination of this investigation, pursuant to Section 501.207(6), Florida Statutes and by virtue of the authority vested in the Attorney General by said statute, the following is agreed: 1. First Link is a Florida Limited Liability Company, with its principal place of business located at 2938 West Bay Drive, Suite B, Belleair Bluffs, FL 33770. Merck is a New Jersey corporation, with its principal place of business located at One Merck Drive, Whitehouse Station, NJ 08889. 2. First Link was a health-care business, and filed for bankruptcy on October 27, 2009. Henderson was Managing Member and principal of First Link.
' " 3. In 2008, First Link took orders from residents of the State of Florida and elsewhere for the Zostavax vaccine manufactured by Merck, but failed to deliver the vaccine to those consumers when it was not able to obtain the vaccine from Merck. 4. Henderson agrees that she will refrain from violating the provisions of Chapter 501, Part II, Florida Statutes, Florida's Deceptive and Unfair Trade Practices Act. 5. Specifically, Henderson agrees: a. Neither she nor any business she is a principal in shall take payment for products or services from consumers without having secured an unconditional written commitment from the supplier of such products or services to supply such products or services to the full extent of the products or services paid for by the consumers. b. Neither she nor any business she is a principal in shall represent that products or services will be available on or by a certain date without having secured an unconditional written commitment from the supplier of such products or services to supply such products or services by such date. 6. The Attorney General has not approved any of First Link's or Henderson's past, current, or proposed marketing practices, and no portion of this A VC shall be construed as such approval. 7. On or before January 1, 2011, Henderson shall deliver to the Tampa Division of the Attorney General's Division of Economic Crimes a check totaling Eight Thousand Dollars and No Cents ($8,000.00) made payable to the Legal Affairs Revolving Trust Fund for the investigative and attorney's fees and costs of this matter and for costs associated with ongoing and future enforcement initiatives pursuant to chapter 501, Part II, Florida Statutes. The check shall be
. ' delivered to the Attorney General, 3507 E. Frontage Rd., Ste. 325, Tampa, FL, 33607. The Attorney General or her designee has the final authority to approve or disapprove the entry of the execution of this AVC by the Attorney General or her designee. Failure of the Attorney General or her designee to formally approve this agreement shall render it void and any monies transferred to the Attorney General shall be immediately returned. 8. Merck made Zostavax vaccinations available free of charge through the end of 2009 to all persons who ordered the vaccine through First Link and have not received refunds of the amount paid. 9. Henderson also agrees to pay Eight Thousand Dollars and No Cents ($8,000.00) in penalties, but those penalties shall be reduced, on a dollar for dollar basis, for each dollar paid as attorney's fees or costs pursuant to' paragraph 7 herein. However, notwithstanding any other provision of this settlement agreement, no credit or reduction shall be given for any payment if an action has been commenced to recover or obtain a refund of that payment, as a preferential transfer or for any other reason. 10. In consideration for the fulfillment of the various obligations set forth above, no penalties or additional monetary obligations are to be imposed under this A VC. However, the Attorney General reserves the right to seek penalties for any future violation(s) of the terms contained within this agreement. Additionally, the Attorney General reserves the right to seek attorney's fees and costs upon default, as defined herein, or upon any future noncompliance. 11. This A VC shall become effective upon its execution by both the undersigned representatives of the Attorney General. The receipt or deposit by the Attorney General of any monies pursuant to the A VC does not constitute acceptance by the Attorney General, and any monies received will be returned if this A VC is not executed by the Office.
'.. 12. Time is of the essence for the monetary duties under this agreement. 13. This agreement is not intended to affect any private right of action. IN WITNESS WHEREOF, Mary Jo Henderson caused this Assurance of Voluntary Compliance to be executed as a true act and deed, this /~day of January, 2011. ~~~d~~---- 118 15th Street Belleair Beach, FL 33786 STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, this~ day of January, 2011, an officer duly au~z d to take acknowledgments in the State of ~, personally appeared ' ~ acknowledged before me that she ex?cuted the foregoing instrument for e purposes therein stated on behalf of Mary Jo Henderson. 1 ~\'r't:,6;'. MARK MILLS, OD g.u 1 24!~:& ~ ~, C c.<11 '11SSl;).!1 # I... : :. : _, r.: ~. es December '3. 2013 ~..;, u.p1r w;.1019 -~~-;;; -.\.~~ Boode<l nvu Troy Fain insurance BOO- (Print, type or """'Y v~.. ~ ~ss1oned name of Notary Public) Personally known or Produced Identification ~ (check) ft, D1-- // s-y' -s--ra -~?- n1-<l
. r ~L---- Marshall G. Reissman, Esq. Reissman & Blanchard, P.A. Attorneys at Law 5150 Central A venue St. Petersburg, FL 33707 Phone: (727)322-1999 Fax: (727)327-7999 Email: Marshall@Reissmanlaw.com Counsel for Mary Jo Henderson e ssistant Atto --...~~ Florida Bar# 899811 Concourse Center IV 3507 E. Frontage Rd., Ste. 325 Tampa, Florida 33607 Telephone (813) 287-7950 Facsimile (813) 281-5515 Email: Andrew.Spark@myfloridalegal.com ~d....- Accepted this o??. day of J"""',..r'I ~~ ~ 7 Mark Hamilton Interim Director of Economic Crimes OFFICE OF THE ATTORNEY GENERAL Department of Legal Affairs The Capitol Tallahassee, FL 32399-1050, 2011.