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B-214529 1 (1988-01-19)

handle is hein.gao/gaobadmzd0001 and id is 1 raw text is: 


The Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matterof:  Robert U. Bregman, M.D. - Quantum Meruit
           Claim for Consultant Services
File:      B-214529

Date:      January 19, 1988


DIGEST

A physician filed a quantum meruit claim for consultant
services allegedly rendered to the Department of the Navy in
the development of an improved ureteroscope. On the basis
of our evaluation of the record in this matter, we find that
he has not established that the government received and
accepted a benefit, which is one of the criteria for
recovery on a quantum meruit claim. Thus, his claim is
denied.


DECISION

This decision is in response to the appeal of Robert U.
Bregman, M.D., from our Claims Group's action 1/ which
denied his quantum meruit claim in the amount of $35,000.
Dr. Bregman seeks reimbursement of consultant services
  allegedly rendered to the Naval Ocean Systems Center (NOSC),
  Department of the Navy, San Diego, California, in the
  development of an improved fiber optics image scope
  (microendoscope) ureteroscope. For the following reasons,
  we conclude that Dr. Bregman has not established his quantum
  meruit claim, and thus we sustain our Claims Group's action
  which denied his claim.

  BACKGROUND

  According to the Navy report, Dr. Bregman has an established
  practice in the field of urology. In 1977, he became
  acquainted with Mr. Parviz Soltan, an employee of NOSC, and
  discussed Mr. Soltan's work in fiber optics technology with
  him. Dr. Bregman and Mr. Soltan developed a mutual interest
  regarding the improvement of a medical surgical instrument
  called a ureteroscope that could take advantage of fiber
  optics technology. The improved ureteroscope conceived by


  1/  Settlement Certificate, Z-2863996, September 16, 1986.


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