Angeion
announces settlements
with ELA Medical, Inc. and ELA Medical S.A.S.
SAINT PAUL, Minn. (July 1, 2005) — Angeion Corporation
announced today that it has entered into settlement agreements with
ELA Medical, Inc and ELA Medical S.A.S. (together “ELA”)
that end the lawsuit by ELA against Angeion and resolve all the issues
between Angeion and ELA related to the recall of Angeion-manufactured
implantable cardioverter defibrillator (“ICD”) systems and
reimbursement of expenses incurred by ELA. Under the terms of the agreements,
Angeion has agreed to transfer to ELA intellectual property exclusively
related to Angeion’s discontinued cardiac stimulation device business,
including patents and related technology, and has agreed to pay ELA
a total of $840,000. Of the $840,000, $440,000 was paid on June 30,
2005 while the remaining $400,000 will be paid over the next 12 months.
In connection with settlement of the lawsuit, Angeion agreed to allow
a final court order in the amount of $1,400,000 to be entered against
it in favor of ELA in the pending Federal court action covering this
matter. The final court order will be satisfied by Angeion’s payment
of the $400,000 due at closing, transfer to ELA of the intellectual
property and delivery of a promissory note for the remaining $400,000.
In addition to the $400,000 paid to ELA on June 30, 2005 to settle the
lawsuit, Angeion paid ELA an additional $40,000 for resolution of ICD
issues not related to the lawsuit.
Rodney A. Young, President and Chief Executive Officer of Angeion,
said, “We are glad that we have been able to reach an agreement
with ELA that resolves these disputes. Angeion has been out of the ICD
business for over five years and we are pleased to put these legacy
issues behind us. We can now continue our focus on our cardiorespiratory
and health and fitness products without the burden of this time-intensive
issue. Although our settlements with ELA do not cover any liability
that Angeion may have for physical injury caused by ICD’s to patients,
Angeion carries product liability insurance to cover this risk. To date,
Angeion has not received any claims related to any patient physical
injury or deaths concerning the ICDs manufactured by it.
“As our final action to eliminate this legacy matter and potentially
recover a portion of our settlement expense, Angeion will continue to
diligently pursue its claim against Medmarc Casualty Insurance Company
for coverage under the insurance policy. It is our hope that this matter,
pending in federal court, will be resolved quickly and fairly,”
concluded Young.
Founded in 1986, Angeion Corporation acquired Medical Graphics (www.medgraphics.com)
in December 1999. Medical Graphics develops, manufactures, and markets
non-invasive cardiorespiratory diagnostic systems for the management
and improvement of cardiorespiratory health. The Company has also introduced
a line of health and fitness products, many of which are derived from
Medical Graphics’ cardiorespiratory product technologies. These
products, marketed under the New Leaf health and fitness brand (www.newleaf-online.com),
help consumers effectively manage their weight and improve their fitness.
They are marketed to the consumer primarily through personal training
studios, health and fitness clubs and other exercise facilities. For
more information about Angeion, visit www.angeion.com.
The discussion above contains forward-looking statements
within the meaning of the Private Securities Litigation Reform Act of
1995. These statements by their nature involve substantial risks and
uncertainties. Actual results may differ materially depending on a variety
of factors, including (i) the Company’s ability to successfully
develop, improve and update its cardiorespiratory diagnostic products,
(ii) the Company’s ability to successfully introduce its New Leaf
health and fitness products including its New Leaf weight loss program,
(iii) the Company’s ability to achieve and maintain a level of
revenue that enables it to attain profitability, (iv) the Company’s
ability to successfully defend itself from product liability claims
related to its Medical Graphics’ products and claims associated
with its prior cardiac stimulation products, (v) the Company's ability
to successfully pursue its claim against Medmarc Casualty Insurance
Company for recovery of amounts paid to ELA and the costs of defense
of ELA’s claim; (vi) the Company’s ability to protect its
intellectual property, and (vii) the Company’s dependence on third-party
vendors. Additional information with respect to the risks and uncertainties
faced by the Company may be found in, and the prior discussion is qualified
in its entirety by, the other risk factors that are described from time
to time in Angeion's Securities and Exchange Commission reports, including
but not limited to the Annual Report on Form 10-KSB for the year ended
October 31, 2004, and subsequently filed reports.
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