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Wednesday, 11/30/2016 12:03:52 PM

Wednesday, November 30, 2016 12:03:52 PM

Post# of 106834
USRM 2nd "EYE DAMAGE" LAWSUIT info, WOW !!

Remember the lawsuit(s) that USRM (formerly known as Bioheart), the lawsuit(s) they indicated THEY PAID OUT SETTLEMENTS ON (see most recent SEC filings)- well, the "puzzle" for me was that only ONE suit kept showing up in the Broward County 17th circuit court public access portal, but the SEC filings mentioned TWO people who had their eyes damaged severely at the USRM/Comella run little stem cell "clinic" biz thingy they started, and that USRM the public company now owns 1/3 of, and that TWO plaintiffs had sued.

WELL, turns out that the 2nd plaintiff, "Patsy Bade" filed her suit in Miami-Dade county, and that's why it never showed up on the Broward County clerk of the court site. SHAZAM. So to read that case, one must go to the Miami-Dade clerk of the court site, plug in "Bioheart" and WHAMMO, they find the "Bade" case as filed against USRM/Bioheart among several other defendants. AND IT'S A STUNNING "read" to me. WOWZA.

Again, USRM has indicated they've already paid settlements to both plaintiffs (via their corporate insurance policies apparently)- but the details of the case, this newly found "Bade" case details, IT IS A STUNNER IMO. I MEAN A STUNNER. The case is still pending against the MD who U.S. Stem Cell Clinic uses/works with (at least used to work with, PAST TENSE, I don't think she'll touch USRM and the "clinic" anymore per reading the court case), and a recent "AMENDED COMPLAINT" was filed in the Miami-Dade court, and it specifically discusses/alleges some DOOZIE info about USRM's Chief Science Officer Kristin Comella AND how USRM apparently "does business" in general- I mean major, serious allegations. WHOPPERS to me. Yuuuuge, like whopper info seems to me.

Here's the history again:

TWO people alleged in what's now clearly TWO separate lawsuits (they originally appeared to be one lawsuit, that's what was confusing, at least to me) that U.S. Stem Cell Clinic "treated" them for "eye" problems, supposedly "Macular Degeneration" I believe, and "WERE TOLD" (that's a key allegation) that it was part of some LEGIT "clinical trial" being conducted by USRM. Plaintiffs were Elizabeth Noble and Patsy Bade according to public court filings.

Here's the last filed 10-Q, stating how USRM "settled" (meaning they PAID MONEY TO THE PLAINTIFFS, meaning the plaintiffs must of had a legit case against USRM, that USRM didn't want to see go to trial IMO)-

https://www.sec.gov/Archives/edgar/data/1388319/000118518516005669/usstemcell10q093016.htm

PAGE 25:
"Litigation

On September 17, 2015, a product liability lawsuit was filed in Broward County, specifically Patsy Bade v. Bioheart, Inc. US Stem Cell Clinics LLC, Aleiandro Perez, ARNP, and Shareen Greenbaum, M.D., and on November 30, 2015, a product liability lawsuit was filed in Broward County, specifically Elizabeth Noble v. Bioheart, Inc. US Stem Cell Clinics LLC, Aleiandro Perez, ARNP, and Shareen Greenbaum, M.D. During the nine months ended September 30, 2016, both matters settled by the Company’s insurance policy with no additional cost to the Company."


NOTICE, there was always TWO plaintiffs listed, and the SEC filing (in ERROR IMO, indicate BROWARD COUNTY)...so when one goes to the Broward County clerk of the court site, they find the "NOBLE" suit, but NOT the "Bade" lawsuit ?? Well, cause it turns out that "Bade" ended up ultimately filing in the Miami-Dade court system. And to me, THAT is where this gets super "interesting" to now read the details spelled out in the "Bade" AMENDED COMPLAINT as the case is on-going against the M.D. Shareen Greenbaum, described in the allegations as a "good friend" of USRM's CSO Kristin Comella.

HERE IS THE BROWARD COUNTY CLERK SITE where "suit #1", aka "Noble" was filed and settled (Again, why CEO Tomas has not spelled out the Miami-Dade suit in the SEC filings, to me, is a mystery, and "interesting" to say the least IMO)

https://www.browardclerk.org/Web2/

Broward County Case Number: CACE15021101
Judge ID / Name: 04 Perlman, Sandra
Plaintiff: Elizabeth Noble


Fine and dandy. WHERE DID plaintiff "BADE" go???

Again, turns out (though it appears ole USRM never told the freaking public correctly in their damn SEC filing, IN MY OPINION ONLY, but it's NOT spelled out in the 10-Q, which ONLY says "Broward County", essentially hiding this SECOND LAWSUIT to me)....turns out she filed in MIAMI-DADE.....SHAZAM.

HERE is lawsuit #2, found where...ON the public access portal to the Miami-Dade court system, and type in "Bioheart" in the case search engine, SHAZAM, one finds a 2nd lawsuit, filed by "Bade" for SEVERE DAMAGE TO HER EYES, having occurred at U.S. Stem Cell Clinic, Florida, owned partially by Comella and USRM, the public traded SUB PENNY STOCK company:

https://www2.miami-dadeclerk.com/ocs/Search.aspx

Local case number: 2015-021463-CA-01
State Case Number: 132015CA021463000001


HERE IT IS:





NOW, here's where it gets "interesting" to me...so say the least...like STUNNING "interesting". USRM and their insurance paid out a settlement apparently...BUT...the case is still on-going against one of the defendants, resulting in a AMENDED COMPLAINT...which has in it... A LOT OF INFO and "allegations" (this is court, NOTHING I'm stating isn't public info, I don't know what's proven true or not, what's only allegations by the plaintiff attorney..blah, blah blah READ IT FOR YOURSELF and draw your own conclusions...but it is STUNNING TO ME..and that's MY OPINION(s))

A highly respected "stem cell" researcher PhD who tracks and covers "the industry" just did a "blog" write-up covering this "BADE" case as filed in Miami-Dade against USRM, their "clinic" biz among others. Here's what he has to say:

http://www.ipscell.com/2016/11/2nd-lawsuit-alleging-a-u-s-stem-cell-clinic-caused-blindness/

Again, this guy is no sluff, nobody- he's a Professor and research scientist in the UC Davis system, and is well known and respected in the "Stem cell" science field (he's published, does real scientific work w/ a major academia stem cell laboratory, etc)

AND, HERE IS THE REAL STUNNER IMO....THE "AMENDED COMPLAINT" document...describing all sorts of "stuff" and allegations regarding Bioheart, now USRM, aka U.S. Stem Cell, aka U.S. Stem Cell Clinic "CHIEF SCIENCE OFFICER", ole Kristin Comella:

http://www.ipscell.com/wp-content/uploads/2016/11/Amended-Complaint-Bade-Suit.pdf

The UC Davis professor "blog", he took and extracted some of the line-by-line wording in the AMENDED COMPLAINT and posted it, as it's ALL public access info on the Miami-Dade clerk of the court site.

Here are the lines he chose to "highlight", but I'd personally read the entire AMENDED COMPLAINT as linked above IMO, as it's again in my humble opinion, A FREAKING STUNNER to say the least (though to me personally, NOT SURPRISING one bit, in fact I personally wondered WHAT TOOK SO FREAKING LONG for these type of "allegations" to surface, cause I personally had asked myself them many, many times- like how does a NON "M.D." actually "participate" inside what's for all intents and purposes a medical "operating room", and was USRM charging "patients" large cash sums for what they touted as "clinical trials" and about 100 other questions I personally had/have still)

http://www.ipscell.com/2016/11/2nd-lawsuit-alleging-a-u-s-stem-cell-clinic-caused-blindness/#more-19763

From the UC Davis Professor piece:

"The amended complaint in the Bade suit lists many allegations including some listed below verbatim, but they are not verified so be cautious in interpretation:

“U.S. Stem Cell, Inc. was operating a business for profit, under the guise of a clinical research trial.”

“Ms. Comella is not a physician, and, at all times relevant to this lawsuit, she did not have any degree in medicine or cell biology. Nonetheless, Ms. Comella touted herself as an expert in adipose stem cell research and actively participated in U.S. Stem Cell, lnc.’s stem cell procedures.”

“Mr. Perez, who was supposedly trained as a doctor in Cuba, was routinely introduced as a physician to prospective U.S. Stem Cell Clinic patients.”

“Dr. Greenbaum had little or no experience in conducting medical research or clinical trials and had no experience with stem cells. Ms. Comella knew this, but advised that experience was not necessary.”

“Defendant Dr. Greenbaum Begins Performing Stem Cell Therapy Surgeries and Realizes the Clinical Trial to be a Scam.”

“Dr. Greenbaum did nothing to communicate her concerns about the clinical trial, nor did she do anything to dissuade Ms. Bade from going forward with this procedure.”

“Following the surgery, Ms. Bade’s vision worsened drastically and she is now legally blind.
”"


HOLY FREAKING COW....THAT...is some amazing "stuff" (other adjectives more appropriate probably, LOL !!) ....but WOWZA...dude from Cuba who's only licensed as a U.S. "nurse practitioner" allegedly being peddled by USRM as a "the doctor"...the actual "M.D. Greenbaum" was "trained" in a crash-course by USRM Comella, but really didn't know, or doesn't know apparently jack-crap about doing serious "STEM CELL eye surgery" procedures and decided NOT to participate any further, knowing this looked like a bad "scam" (EXACT wording used in AMENDED COMPLAINT, NOT my word(s))...so she backs-out getting cold feet, but sent the "patient" BADE over to the U.S. Stem clinic the next day anyway with an "all clear" for the "procedure", KNOWING that a "non M.D." and apparently Comella will do the "procedure" anyway and on and on and on....it reads like a freaking medical CSI soap opera, and a bad one at that, to me.... MY PERSONAL OPINION.....STUNNING....

REMEMBER, it "appears" that these two "patients" after being damaged at U.S. Stem Cell clinic, seriously damaged to their freaking EYES, they went to a world recognized "eye expert" in Florida named "Albini" who tried his best to salvage what he could to their eye damage. Dr. Albini just happens to have spoken at the recent FDA "public/industry hearings" on STEM CELLS and the push by "clinics" to loosen up the regulations of said "clinics" etc., including USRM's Comella speaking her few minutes worth at that same FDA hearing (you can see it on video, on the FDA public access site where the entire "hearing" is recorded).

The U.C. Davis professor's blog specifically mentions Dr Albini and his involvement....though apparently Albini can't say much publicly of course, per medical privacy laws, open court cases, etc. BUT, he did SPECIFICALLY MENTION TO THE FDA, at that major "hearing" that HE PERSONALLY HAD "TREATED" of "THREE FLORIDA PATIENTS" apparently who were "SEVERELY DAMAGED AT FLORIDA LOCATED STEM CLINICS AFTER BEING "treated" AT SAID CLINICS via having adipose type stem cells injected into their eyes"....shazam...pretty amazing to me......

http://bascompalmer.org/doctors/profile/1614

Princeton...John Hopkins M.D., this guy has platinum credentials looks like to me.....residency at the Doheny Eye Institute, University of Southern California, I personally know someone who traveled there years ago for treatment, one of thee most prestigious eye medical facilities in the world....known all over the world, the Doheny Institute...so the guy is clearly to me an "EYE EXPERT" and he examined the two plaintiffs post their botched "stem cell" eye injections, that apparently caused them serious, serious harm to what was left of their vision.....WOWZA again....

AGAIN...it's an "open" court case, so these are all "allegations" and none apparently have been PROVEN YET...but the attorney making them is also no "sluff" and has an excellent track record and reputation. "GOOD", well known attorneys do NOT make false or fake allegations, or they can face "sanctioning" among other things by the court- and then damage their own reputation and their firm's reputation when they need to present cases in the future, or even face fines or "LAW BAR credential" problems, law license problems, etc. SO I don't think this attorney, Yaffa, Andrew B, ESQ. of Grossman Roth Yaffa Cohen PA just puts these serious allegation in "lightly" to his AMENDED COMPLAINT. He appears to have seriously investigated his case, done a wealth of background research on USRM, their "clinic" biz, on Comella, how they operate, etc AND THEN made those statements above, IN WRITING, IN A FORMAL COMPLAINT, presented to "the court"....HOLY FREAKING COW again to me....it's some stunning reading to say the least IMO....

Seems to me this may not be the end of this "stuff" surrounding USRM and especially now this "clinic" they are operating (NON FDA APPROVED, CASH ONLY apparently of course)...as these level of accusations would seem to lil ole amateur, non lawyer, nobody ole ME, that they involve serious "stuff" like potentially operating as a "medical doctor" w/o a license seems to me....among "other" major issues, potential "other" things they may be doing that violate various medical practice laws....it would seem to me....and I ain't NO LAWYER by any stretch...but that's MY FREAKING OPINION(S) per reading this court case in depth...and what was written by a VERY EXPERIENCED law firm and attorney, this Andrew Yaffa...so I guess we'll see where this heads now...on top of the Northstar Biotech pending LAWSUIT in Broward County asking now for a TRIAL TO BE SET and appointment of a RECEIVERSHIP to take control of USRM....gets more "exciting" by the day it seems....at ole USRM, aka Bioheart....the saga continues....WOWZA......

http://www.grossmanroth.com/team/andrew-yaffa/

Patsy Bade' attorney, IN FREAKING MIAMI-DADE court..NOT ole Broward....why the SEC filing didn't state that...still makes NO SENSE TO ME...but hey...THAT'S JUST ME I GUESS?????

Posts are only my amateur opinions, personal views and thoughts. They are not any type of investment advice. Do one's own due diligence.