Among the most recent examples is cardiac mapping technology, with the Mater Private Atrial Fibrillation Institute one of the first electrophysiology centers in the world to use it to improve the efficiency of cardiac arrhythmia-related surgeries. The case continues before Mr Justice Denis McDonald.Of the exhibition’s two prominent themes-evolution and innovation-the latter is highlighted by Mater Private Network’s long record of pioneering advanced clinical approaches and technologies. The court should be careful in evaluating the terminology of the HSE, counsel warned, which the Mater Private claims are in some cases inaccurate and in others, tendentious. The dispute arose when, counsel added, the HSE unilaterally decided to withhold payment due under heads of terms on the basis of the executive's interpretation of what it said were dis-allowable costs. In the third month, the Mater Private was "watching, not just day by day but hour by hour" whether the money would come through so that it could maintain its cash flow, counsel said, as it was in a situation where its entire capacity had been sold to one customer. That might be true of some providers, he said, but not the Mater Private group which largely provides essential surgery and treatment, rather than elective treatment, which would have continued throughout.Įarlier, Mr Sreenan said the agreement provided for “operational costs” and contained various legally binding heads of terms. Mr Sreenan said the HSE would say the agreement was good for both sides because, in the light of Covid, the Mater Private group might not get much business anyway. The agreement provided that no private work would be admitted to the group's hospitals, which was a very significant commitment, counsel said. It could have been three or six months, or longer, but the longer it went on the greater the risk of the group losing their customer base, which was essentially the privately insured, he said. Opening the case on Tuesday on behalf of the Mater Private side, Paul Sreenan SC said, at the time of the agreement with the HSE which came into effect in March 2020, the group did not know for how long it was handing over all its business to the HSE. The HSE failed to make payment on June 19th, 2020, last relating to €4.6 million for June and a balancing payment of just over €2 million for May, it is claimed. The arrangement with the HSE was for the first three months of the pandemic, extendable at the option of the HSE, with the plaintiffs providing monthly detailed costs statements. The court heard the group was acquired by the Oval Topco parent group through Luxembourg fund, Infravia Capital Partners, from private equity firm CapVest. The HSE also says it is not liable for the costs of the Mater business relating to debts due on the cost of funding loans for the acquisition of the Mater Private group in 2018. The Mater Private group strongly disputes the HSE's assertions that the finance costs "are a mechanism for value extraction for Mater Private's shareholders or represent a distribution to shareholders". It says it is entitled to a set-off against previous payments which it claims included "dis-allowable costs" including interest costs arising from the Mater Private/Oval Topco financing arrangements. The HSE, which is also counterclaiming for more than €1 million for breach of contract, denies the Mater Private claims.
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