A medical equipment vendor and a major software maker have been slapped with
Year 2000-related lawsuits in the past 24 hours, fueling suspicions that the
millennium bug could trigger a rash of related lawsuits.
Medical Manager has been
slapped by a class-action suit alleging that the company violated the New
Jersey Unfair Trade Practices Act when the company marketed computer
software without disclosing that the software was not able to process dates
after 1999.
Software maker Quarterdeck is
being sued for allegedly selling version 4.0 of its popular Procomm Plus
software for Windows 95 between November
1996 and July 1997 without disclosing its non-Y2K compliant status.
According to the complaint filed against Quarterdeck, the company marketed
the software to the public as a combined telecommunications application,
Web browser, and fax management package, despite allegedly knowing, or being
in the position where it should have known, that the program is not Year
2000 compliant.
The complaint filed against Medical Manager states that the company sold
thousands of licenses for non-Y2K compliant versions of its
Medical Manager software product, without
disclosing that the software was unable to process dates after December,
31, 1999.
The software is a management system for physicians that covers
patient care, clinical, financial, and management applications.
The complaint alleges that Medical Manager used "false
and misleading representations and omissions of material facts regarding
the defective nature of prior versions of the software until as late as
November 1997."
Both complaints, filed by the law firm Bernstein Litowitz Berger &
Grossmann, allege that the companies neglected to give free software
upgrades to correct the defect.
The two companies could not be reached for comment.
While few Y2K lawsuits have been filed so far, analysts expect a flood of
new suits to be filed in the coming months.
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