WILMINGTON, Del., April 13, 2017 /PRNewswire/ -- Lexion
Medical, LLC of St. Paul,
Minnesota announced today that a jury in the United States
District Court for the District of Delaware found SurgiQuest, Inc. liable for
false advertising. SurgiQuest, Inc. is a subsidiary of CONMED
Corporation (NASDAQ:CNMD). The trial lasted 7 days
before the Honorable Gregory M. Sleet, United States District Court
Judge. The case had been pending since 2014.
Lexion presented three categories of false advertising claims at
the trial. The first category concerned SurgiQuest's
advertising relating to heating and humidification. Lexion
sells the Insuflow heater/humidifier and the Synergy line of
trocars, both of which are designed to deliver heated and
humidified carbon dioxide to the abdomen during laparoscopic
surgery. Clinical studies have shown various health benefits
can be achieved by using heated and humidified gas. Lexion
presented evidence at the trial that SurgiQuest sales
representatives had created the impression that SurgiQuest's
Airseal system could perform essentially the same function as
Insuflow. Lexion contended these claims, as well as others
concerning heating and humidification, were false and/or
misleading. Lexion presented expert testimony that the
Airseal System puts dry gas into the body during laparoscopic
surgery and removes moisture from the patient through evaporation
inside the abdomen. The jury found SurgiQuest liable for
false advertising based on statements concerning "heat and
humidification."
The second category of claims concerned SurgiQuest's advertising
relating to "air." SurgiQuest's advertising claims in this
category also concern its Airseal system used during laparoscopic
surgery where the abdomen is typically inflated with carbon dioxide
gas. Lexion presented expert testimony that when suction is
used or when there is a leak of carbon dioxide gas from the
abdomen, for example when the uterus is removed during a
hysterectomy, that SurgiQuest's Airseal system causes operating
room air to be sucked into the abdomen. The expert testimony
was based upon testing performed by the expert witness as well
SurgiQuest's own internal testing. Lexion contended at the
trial that various advertising by SurgiQuest was false and/or
misleading including the "Airseal" name itself, due to the behavior
of the system in the presence of suction or leaks.
Lexion presented testimony regarding the significance of
SurgiQuest's advertising to surgeons. According to a patent
owned by SurgiQuest, altering the concentration of carbon dioxide
gas to other gasses in the body cavity is "typically undesirable
for the safety of the patient." Lexion presented expert
testimony consistent with SurgiQuest's statement. A potential
complication of laparoscopic surgery is subcutaneous emphysema
where some of the pressurized gas used to inflate the abdomen is
forced into tissue under the skin. Lexion's medical expert
presented his opinion that subcutaneous emphysema may take longer
to resolve when air is present rather than just carbon
dioxide. Carbon dioxide is easier to absorb than nitrogen and
oxygen. Lexion's medical expert further presented examples of
complications that had occurred during the use of the Airseal
system, including pneumothorax in addition to subcutaneous
emphysema. The jury found that SurgiQuest is liable for false
advertising based on statements concerning "air."
The third category of claims concerned SurgiQuest's advertising
relating to "smoke." During laparoscopic surgery, surgical
smoke is generated during the use of electrocautery devices.
SurgiQuest makes various claims regarding the ability of its
Airseal system to remove surgical smoke from the abdomen.
Lexion presented expert testimony that (1) surgical smoke vents out
the top of the Airseal trocar during surgery, and (2) that the
Airseal filtration system is incapable of removing toxic and
carcinogenic gasses in the surgical smoke. Lexion contended
that various advertising claims of SurgiQuest were false and/or
misleading as a result. The jury found that SurgiQuest is
liable for false advertising based on statements concerning
"smoke."
The jury found that Lexion had proven by a preponderance of the
evidence that SurgiQuest intentionally or willfully made a false
advertising statement. The jury further found that Lexion had
proven by a preponderance of the evidence that SurgiQuest
intentionally or recklessly engaged in unfair competition.
The jury awarded $2.2 million in lost
profit damages and $10 million in
punitive damages. Lexion's CEO, Mr. Patrick Spearman, commented, "We are pleased
with the jury's verdict. We think what SurgiQuest is doing in
the marketplace is wrong. The jury found that SurgiQuest is
liable for false advertising on three different categories of
statements. We believe our position was vindicated and we
hope to begin restoring the damage caused to Lexion."
www.lexionmedical.com
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SOURCE Lexion Medical, LLC