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Penn State Health Sues Ki-Jana Carter Over Failed Face Mask Deal

Penn State Health has filed a $935,000 lawsuit against Ki-Jana Carter after the former Nittany Lions running back failed to make good on a $2.4 million deal to provide surgical face masks amid the coronavirus pandemic.

According to the 52-page suit filed in Dauphin County earlier this month, Carter and his Florida-based firm, ByoGlobe LLC, approached Penn State Health in late March with an offer to deliver personal protective equipment, including 400,000 N95, KN95, and surgical masks. 

“[Penn State Health] never received a single mask from ByoGlobe or its supplier,” attorney Anthony Lucido wrote in the complaint.

The lawsuit seeks $935,000 of the payment that Penn State Health says still has not been refunded.

Carter, ByoGlobe’s CEO, allegedly told Penn State Health in March that he could obtain 3M masks being manufactured in China and deliver them by April 15.

When the date came and went, the lawsuit claims, Carter said coronavirus-related lockdowns prevented the masks from being shipped from his source in Norway. Instead, he said they were “en route” from an alternate source in India on April 20.

By the end of April, according to court documents, it became “abundantly clear” to both parties that ByoGlobe couldn’t pull through with the deal and make good on the contract.

“Upon information and belief, ByoGlobe, at all time material to the parties’ contractual agreement, lacked the ability, resources and/or professional expertise to fulfill its obligation to supply the PPE ordered and paid for by [Penn State Health],” the suit reads.

The health network said it canceled the order on May 7 and demanded a full refund.

Penn State Health doesn’t believe any equipment ever arrived in the United States. If it did, according to the suit, Penn State Health never received any additional information, shipping updates, or statuses.

In total, the $2,414,500 contract would’ve consisted of three separate purchase orders of masks and personal protective equipment. Penn State Health said it still doesn’t know where the sum it wired to ByoGlobe ultimately went.

The suit largely hinges on Penn State Health’s accusation that Carter and ByGlobe falsely represented themselves and weren’t prepared to deliver on their agreement. Penn State Health also claimed the deal involved no legal oversight and lacked a performance bond.

Ultimately, the $935,000 Penn State Health Seeks represents ByoGlobe and Carter’s “improperly retained” outstanding principal balance. The health network said it hasn’t received money from ByoGlobe since July.

The suit alleges the agreement’s failure resulted in breach of contract, negligent and intentional misrepresentation, unjust enrichment. Penn State Health also asked the court to make Carter personally accountable for repaying the debt.

Onward State was unable to obtain comment from Carter or his attorneys Monday.

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About the Author

Matt DiSanto

By day, Matt is a senior majoring in journalism. By night, he's Onward State's managing editor. He's a huge Philadelphia sports fan, fantasy football lover, and washed-up drummer hailing from Collegeville, Pa. The quickest way to his heart is Margherita pizza and "Arrested Development" quotes. Follow him on Twitter @mattdisanto_ if you hate yourself or email Matt at [email protected] if you hate him.


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