Business

Boston Scientific settles 8550 patient claims over faulty Guidant defibrillators

22 November 2007

Boston Scientific Corporation (NYSE:BSX) has reached an amended agreement to settle claims associated with a series of product communications issued by Guidant Corporation in 2005 and 2006. Boston Scientific acquired Guidant last year. This agreement amends a prior agreement Boston Scientific reached in July 2007 to cover additional unanticipated claims.

The plaintiffs in the case had claimed that Guidant knowingly sold them inherently defective defibrillator devices with potential life-threatening defects over a period of three years.

The agreement was reached before a court in Minneapolis. Under the terms of the amended agreement, subject to certain conditions, Boston Scientific will pay a total of up to $240 million. The agreement covers 8,550 patient claims, including all of those that have been consolidated in the US District Court for the District of Minnesota in a multi-district litigation (MDL), as well as other filed and unfiled claims throughout United States. As a result of the amendment, proceedings in Minnesota state court have, like the trials in the bellwether cases in the MDL, been stayed.

Under the terms of the prior agreement, Boston Scientific had agreed to pay $195 million to settle over 4,000 claims in the MDL, as well as an undetermined number of additional similar claims. The company believes that the claims covered by the amended agreement constitute substantially all currently asserted claims in the United States arising from the 2005 and 2006 product communications.

"We are pleased with this amendment, which is in the best interest of all involved," said Jim Tobin, President and Chief Executive Officer of Boston Scientific.

Charles Zimmerman, co-lead attorney for the Plaintiffs' Steering Committee, said, "This amended agreement is great news for the patient plaintiffs and will provide them and their families with substantial relief. Beyond this, the settlement serves the public good by highlighting that transparency and full and proper disclosure are paramount to the public and to those regulatory bodies entrusted to protect the public's interests, particularly in the areas of public health and safety. It also highlights the need for continued and stronger regulatory oversight of companies that are in the business of manufacturing and selling life-saving devices to consumers. We believe that with these results, the settlement truly benefits all parties."

To top

Save this page on del.icio.us

To top