Biomedical Statistical Consulting LLC v. Cordio Medical Ltd.

── Biomedical Statistical Consulting LLC v. Cordio Medical Ltd. ── Court: Superior Court of Delaware Date: April 29, 2026 Category: General SUPERIOR COURT OF THE STATE OF DELAWARE KATHLEEN M. MILLER LEONARD L. WILLIAMS JUSTICE CENTER JUDGE 500 NORTH KING STREET, SUITE 10400 WILMINGTON, DELAWARE 19801 TELEPHONE (302) 255-0669 April 29, 2026 Charles A. McCauley III, Esq. Thomas A. Uebler, Esq. Bradley T. Meyer, Esq. Sarah P. Kaboly, Esq. Offit Kurman, P.A. McCollom D’Emilio Smith Uebler, LLC 222 Delaware Avenue, Suite 1105 2751 Centerville Road, Suite 401 Wilmington, DE 19801 Wilmington, DE 19808 RE: Biomedical Statistical Consulting LLC v. Cordio Medical Ltd. C.A. No.: N25C-11-280 KMM Date submitted: March 16, 2026 Date Decided: April 29, 2026 Dear Counsel: This letter decision resolves Cordio Medical LTD’s (“Cordio”) Motion to Dismiss Counts II through IV (the “Motion”). 1 0F I. Factual Background A. The Contract Biomedical Statistical Consulting LLC (“Biomedical”) provides statistical consulting services and support to its clients. 2 Cordio is a medical technology 1F company developing its HearO® system. 3 2F 1 D.I. 9. 2 Complaint (D.I. 1) ¶¶ 1, 10. 3 Id. ¶¶ 2, 19. April 29, 2026 Page 2 of 11 The parties executed a Consulting Services Contract, effective as of March 12, 2025, (the “Contract”). 4 The Contract provides that Biomedical was retained “to 3F provide certain consulting services regarding statistics and statistical support, as requested by [Cordio] and/or pursuant to specific projects for which [Cardio] and [Biomedical] have executed a Work Order Addendum … (‘Services’).” 5 4F The Contract called for Biomedical to be paid on an hourly rate or project- based fee, as stated in the Work Order Addendum. 6 Biomedical was required to 5F invoice Cardio monthly and payment was due within thirty days. 7 Interest accrued 6F on invoices not paid when due, “provided that any amounts in an invoice that are disputed in good faith within ten (10) days following receipt thereof shall not accrue interest for so long as they are disputed.” 8 7F The scope of the work, defined as “[c]onduct[ing] analyses as outlined in the Statistical Analysis Plan (SAP) for Cardio HearO system’s performance,” was described in the attached Statement of Work (“SOW”), titled “Estimate and Budget Report.” 9 The contractual estimated budget was $146,300. 10 8F 9F 4 Id. ¶ 8. 5 Id., Ex. 1, § 1 (emphasis in original). 6 Id., Ex. 1, § 3.1. 7 Id., Ex. 1, § 3.2. 8 Id. 9 Id., Ex. 1, SOW. 10 Id., Ex. 1, SOW at 4. April 29, 2026 Page 3 of 11 B. The Dispute Biomedical alleges that it performed services for Cordio pursuant to “written and verbal requests for Services beyond the enumerated tasks” identified in the SOW or Work Addenda. 11 Biomedical timely invoiced Cordio, but it failed to pay 10F invoices for September, October, and November 2025, totaling $276,802.65. 12 11F Biomedical further alleges that Cordio failed to object to the invoices within 10 days, and therefore, it waived any good faith objection to