Jury Awards Patient $2.2 Million in Defective Laparoscopic Instrument Design Verdict
Encision's Patented AEM Laparoscopic Surgical Devices Can Mitigate Such Injuries
BOULDER, Colo., Jan. 25, 2011 /PRNewswire/ -- Encision Inc. (Pink Sheets: ECIA) – A California jury awarded $2.2 million to a patient in a personal injury, product liability, defective laparoscopic device case against a competing medical device company; as reported in the Daily Journal (January 7, 2011, Verdicts and Settlements, page 7, Superior Court, San Diego, CA; case number 37-2008-00078376-CU-MM-CTL).
The San Diego jury found that the female patient received a stray electrosurgical burn to her bowel during her initial laparoscopic surgery which later perforated resulting in a severe intra-abdominal infection (peritonitis). "The jury returned its verdict, finding defendant liable under both product liability and negligence causes of action. The jury found that the defective and negligent design of laparoscopic device caused plaintiff's injuries." (Daily Journal).
Boulder-based Encision has developed patented Active Electrode Monitoring® ("AEM") laparoscopic instruments technology to prevent stray energy burns to patients from instrument failure or capacitive coupling during laparoscopic electrosurgery. Encision is the only manufacturer to offer this patient fail-safe feature in its laparoscopic instruments.
"There have been a number of warnings issued about the possibility of stray energy burns during laparoscopy, including scientific presentations at medical congresses and, in May 2010, the US Department of Defense issued its Patient Safety Analysis Center Alert, Stray Energy Burns from Laparoscopic Surgery," said Jack Serino, Encision's President and CEO. "These tragic complications beg for root cause analysis and preventive action."
Mr. Serino added, "Encision believes that stray electrosurgical burns are preventable by incorporating shielding and continuous monitoring into all AEM laparoscopic surgical devices, and that the majority of these types of injuries are technology related and not surgeons' technique related. The rationale for this claim is that these stray energy burns are occurring outside of a surgeon's field of vision which is produced by the laparoscope and displayed on a video monitor. Encision's AEM technology mitigates stray energy burns and protects patients, surgeons, hospitals and manufacturers alike."
Additional information pertaining to the safe and effective delivery of electrosurgical energy during laparoscopy may be obtained from Encision's web site at www.encision.com.
Encision Inc. designs, develops, manufactures and markets innovative surgical devices that allow surgeons to optimize technique and patient safety during a broad range of surgical procedures. Based in Boulder, Colorado, the Company pioneered the development of patented AEM® Laparoscopic Instruments to improve electrosurgery and reduce the chance for patient injury in minimally invasive surgery.
In accordance with the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, the Company notes that statements in this press release and elsewhere that look forward in time, which include everything other than historical information, involve risks and uncertainties that may cause actual results to differ materially from those indicated by the forward-looking statements. Factors that could cause the Company's actual results to differ materially include, among others, its ability to increase net sales through the Company's distribution channels, its ability to compete successfully against other manufacturers of surgical instruments, insufficient quantity of new account conversions, insufficient cash to fund operations, delay in developing new products and receiving FDA approval for such new products and other factors discussed in the Company's filings with the Securities and Exchange Commission. Readers are encouraged to review the risk factors and other disclosures appearing in the Company's Annual Report on Form 10-K for the year ended March 31, 2010 and subsequent filings with the Securities and Exchange Commission. We do not undertake any obligation to update publicly any forward-looking statements, whether as a result of the receipt of new information, future events, or otherwise.
CONTACT: |
Pete Webb, Webb PR, 303-796-8888 |
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Marcia McHaffie, Encision Inc., 303-444-2600, [email protected] |
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SOURCE Encision Inc.
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