Declaration of Disinterestedness of Gordon Rees Scully Mansukhani, LLP — Vyaire Medical (Re: Docket No. 225)

Summary

Declaration of Disinterestedness of Gordon Rees Scully Mansukhani, LLP in the Vyaire Medical, Inc. chapter 11 case, Case No. 24-11217 (BLS), Re: Docket No. 225. Peter G. Siachos, a Partner, declares that the Debtors requested ongoing legal services, primarily in relation to investigation and defense of product liability and tort claims, and that the Debtors owe the firm $105,142.26 for prepetition services. The declaration describes the firm's representation of the Debtors in a South Carolina matter and a Georgia matter, with prepetition fees owed of $15,925.00 and $75,885.76, and $13,331.50 on an additional matter. It states that the firm was retained on, upon best information and belief, November 4, 2016. It is dated August 8, 2024.

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
Chapter 11
In re:
)
)
Case No. 24-11217 (BLS)
VYAIRE MEDICAL, INC., et al.,1
)
)
(Jointly Administered)
Debtors.
)
)
Re:  Docket No. 225
DECLARATION OF DISINTERESTEDNESS
OF GORDON REES SCULLY MANSUKHANI, LLP PURSUANT TO THE ORDER
AUTHORIZING THE DEBTORS TO RETAIN AND COMPENSATE
PROFESSIONALS UTILIZED IN THE ORDINARY COURSE OF BUSINESS
I, Peter G. Siachos, declare under penalty of perjury:
1.
I am a Partner of Gordon Rees Scully Mansukhani, LLP with an office located at
677 King Street, Suite 450, Charleston, SC 29403 (the “Firm”).
2.
Vyaire Medical, Inc. and certain of its affiliates, as debtors and debtors in
possession (collectively, the “Debtors”), have requested that the Firm provide ongoing legal
services, primarily in relation to investigation and defense of product liability and tort claims, to
the Debtors, and the Firm has consented to provide such services.
3.
The Firm may have performed services in the past, may currently perform
services, and may perform services in the future in matters unrelated to these chapter 11 cases for
persons that are parties in interest in the Debtors’ chapter 11 cases. The Firm does not, however,
perform services for any such person relating to these chapter 11 cases, or have any relationship
with any such person, their attorneys, or their accountants that would be adverse to the Debtors
or their estates.
1
The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495.  A complete list
of each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may
be obtained on the website of the Debtors’ claims and noticing agent at https://omniagentsolutions.com/Vyaire.
The location of Debtor Vyaire Medical, Inc.’s principal place of business and the Debtors’ service address in
these chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
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4.
As part of its customary practice, the Firm is retained in cases, proceedings, and
transactions involving many different parties, some of whom may represent or be employed by
the Debtors, claimants, and parties in interest in these chapter 11 cases.
5.
Neither I nor any principal, partner, director, or officer of, or professional
employed by, the Firm has agreed to share or will share any portion of the compensation to be
received from the Debtors with any other person other than the principal and regular employees
of the Firm.
6.
Neither I nor any principal, partner, director, or officer of, or professional
employed by, the Firm, insofar as I have been able to ascertain, holds or represents any interest
adverse to the Debtors or their estates with respect to the matter(s) upon which the Firm is to be
employed.
7.
The Debtors owe the Firm $105,142.26 for prepetition services, the payment of
which is subject to the limitations contained in title 11 of the United States Code, 11 U.S.C. §§
101–1532.  The Firm currently represents the Debtors in the following matters: (i) Kyashia
Middleton as Personal Representative for the Estate of Rylee Jones v. Medical University of
South Carolina, Vyaire Medical, Inc., Becton, Dickinson & Company and Carefusion Resources,
LLC, pending in the State of South Carolina, County of Charleston in the Common Pleas, Case
No.: 2022-CP-10-02317 (“South Carolina matter”), and (ii) Jeffrey Paul Lyons, II, as the
Administrator of the Estate of Connita Shontell Ransom v. Vyaire Medical, Inc., Vyaire Medical,
203, Inc., Vyaire Medical 211, Inc., McKesson Corporation, and Life Line Home Care Services,
Inc., pending in the State Court of Gwinnett County, State of Georgia, Civil Action No. 22-C-
07343-S5 (“Georgia Matter”, together with, “South Carolina Matter”, the “Ongoing Matters”). In
the South Carolina Matter, the Firm is owed $15,925.00 in pre-petition fees.  In the Georgia
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Matter, the Firm is owed $75,885.76 in pre-petition fees. Upon information and belief, the Firm
is owed $13,331.50 on an additional matter. The Firm will supplement this Declaration with the
details on the additional matter. The Firm does not believe that maintaining a claim for
prepetition services will affect, influence, or otherwise impact its representation of the Debtors in
the Ongoing Matters or, upon information and belief, the additional matter pursuant to the terms
of representation.
8.
As of the Petition Date, which was the date on which the Debtors commenced
these chapter 11 cases, the Firm was retained to provide professional services to the Debtors. The
Firm was retained on, upon best information and belief, November 4, 2016.
9.
As of the Petition Date, which was the date on which the Debtors commenced
these chapter 11 cases, the Firm was not party to an agreement for indemnification with certain
of the Debtors.
10.
The Firm is conducting further inquiries regarding its retention by any creditors of
the Debtors, and upon conclusion of that inquiry, or at any time during the period of its
employment, if the Firm should discover any facts bearing on the matters described herein, the
Firm will supplement the information contained in this Declaration.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct.
Date: August 8, 2024
Peter G. Siachos
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