Stull, Stull & Brody Announces Class Action on Behalf of Shareholders of Medtronic, Inc.
Market Wire, November, 2007
Attorney Advertising. Notice is hereby given that a class action has been commenced in the United States District Court for the District of Minnesota on behalf of purchasers of Medtronic, Inc. ("Medtronic" or the "Company") (NYSE: MDT) common stock between June 25, 2007 and October 15, 2007 (the "Class Period").
Stull, Stull & Brody has substantial experience representing employees who suffered losses from purchases of their employer's stock in their 401(k) plans. If you bought Medtronic stock through your Medtronic retirement account and have information or would like to learn more about these claims, please contact us.
The complaint charges that during the Class Period Medtronic misrepresented the true facts concerning the Sprint Fidelis defibrillation leads, and that those true facts were only disseminated to investors on October 15, 2007 when the Company disclosed that it would voluntarily suspend distribution of these defibrillator leads. The Sprint Fidelis defibrillation leads were introduced to the market in September 2004, and according to an article in The Wall Street Journal on October 30, 2007, by early 2007 "about 90% of new Medtronic defibrillators used Fidelis leads."
By January 2007, Medtronic had received 679 reports of injuries caused by fractures in the Sprint Fidelis defibrillation leads. In a meeting with Dr. Robert G. Hauser, of the Minneapolis Heart Institute in February 2007, Medtronic was informed specifically that the Minneapolis Heart Institute would cease using the Fidelis leads in operations and would use Medtronic's earlier generation Sprint Quattro leads. The reports of lead failures led Medtronic to send a letter dated March 21, 2007 to physicians treating patients with the Sprint Fidelis leads describing the nature of the lead failures and attributing the failures to physician error, or "variables within the implant procedure." Medtronic continued receiving further reports of lead failure subsequent to March 21, 2007. In fact the number of lead failures grew from a total of 795 injuries reported by April 30, 2007 to a total of 1,053 injuries reported by June 30, 2007.
Notwithstanding this increased evidence of severe problems with the leads, Medtronic stated (falsely) in its Form 10-K for fiscal year end April 27, 2007 (filed with the SEC on June 25, 2007) that the Sprint Fidelis lead had experienced "strong market acceptance" and "increasing clinical data that supports these devices" since its introduction to the market in September 2004. From July 2007 through September 2007, Medtronic continued to receive increasingly frequent reports of lead failures, with the number of reported failures reaching 1,661 by September 30, 2007.
Finally, on October 15, 2007, Medtronic belatedly acknowledged that the increasing frequent adverse reports were the result of manufacturing defects and suspended distribution of the Sprint Fidelis defibrillation leads because off the high incidence of lead fractures. The Company further admitted that it had "identified five patient deaths in which a Sprint Fidelis lead fracture may have been a possible or likely contributing factor." Upon the release of this information into the market, Medtronic's stock dropped $6.33 per share or 11.2% on volume of approximately 62.9 million shares.
Plaintiff seeks to recover damages on behalf of all those who purchased or otherwise acquired Medtronic common stock during the Class Period, which is between June 25, 2007 and October 15, 2007. If you purchased or otherwise acquired Medtronic common stock during the Class Period, and either lost money on the transaction or still hold the securities, you may wish to join in the action to serve as lead plaintiff. If you purchased Medtronic common stock during the Class Period, you may request that the Court appoint you as lead plaintiff no later than January 7, 2008.
A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Stull, Stull & Brody, or other counsel of your choice, to serve as your counsel in this action. Stull, Stull & Brody has litigated many class actions for violations of securities laws in federal courts over the past 30 years and has obtained court approval of substantial settlements on numerous occasions. Stull, Stull & Brody maintains offices in New York and Los Angeles.
If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Tzivia Brody, Esq. at Stull, Stull & Brody by e-mail at SSBNY@aol.com , by calling toll-free 1-800-337-4983, or by fax at 212/490-2022, or by writing to Stull, Stull & Brody, 6 East 45th Street, New York, NY 10017. You can also visit our website at www.ssbny.com .
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