ArthroCare Completes Restatement of Financial Statements and Files Its Form 10-K for 2008.AUSTIN, Texas -- ArthroCare Corp. (Pink Sheets: ARTC ARTC Arthrocare Corp (stock symbol) ARTC Australian Rail Track Corporation ARTC Air Route Traffic Control ARTC Association de la Recherche Theatrale au Canada ARTC Andean Root and Tuber Crops ), a leader in developing state-of-the-art, minimally invasive surgical products, announced that it has completed its restatement and filed its Annual Report on Form 10-K for the year ended December 31, 2008 with the Securities and Exchange Commission (SEC). This Form 10-K includes audited restated financial statements for the years ended December 31, 2007 and 2006 as well as unaudited restated financial information for the years ended December 31, 2005 and 2004. Additionally, the Company has filed its Quarterly Reports on Form 10-Q for the quarters ended June 30, 2008, September 30, 2008, and March 31, 2009. With these filings, the Company's Audit Committee Review has been closed and the Company has completed the restatement of its financial statements, previously announced on July 21, 2008. RESTATEMENT IMPACT The following table summarizes the Statement of Operations See Income statement. impact of the Company's accounting restatement for the years ended December 31, 2007, 2006, 2005, and 2004 along with the Company's results for the year ended December 31, 2008 (in thousands, except per-share data): [TABLE OMITTED] The restatement reduced total revenue for the years ended December 31, 2007, 2006, 2005, and 2004 by approximately 12 percent, 7 percent, 4 percent, and 1 percent, respectively. In 2007, of the total revenue reduction of $39.5 million from the restatement, approximately $30.7 million, or 78 percent of the reduction, related to the reversal of revenue associated with the Company's reimbursement services activities. Operating expenses increased $16.7 million in 2007 due primarily to a $25 million charge recorded as part of the restatement for the settlement of the preexisting contractual agreement between the Company and DiscoCare, partially offset by a $6.4 million adjustment to record revenue net of items previously recorded as expense and other adjustments. Net income (loss) for the years ended December 31, 2007, 2006, 2005, and 2004 was reduced as a result of the restatement adjustments, which are more fully described in the Company's Form 10-K for the year ended December 31, 2008. SUMMARY OF 2008 RESULTS Total revenue for the year ended December 31, 2008 was $314.2 million, an increase of 12.3 percent compared to $279.7 million for the year ended December 31, 2007. For the year ended December 31, 2008, the Company had a loss from operations of $37.6 million compared to a loss from operations in 2007 of $4.7 million. The increase in total revenue in 2008 was offset by increased costs, particularly an $18.9 million impairment charge for goodwill related to the Company's Spine business unit, $17.0 million in expenses directly associated with investigation and restatement related costs, and $15.1 million accrued for a patent arbitration proceeding brought against the Company. The Company reported a net loss in 2008 of $34.7 million compared to net income of $0.5 million in 2007. The net loss in 2008 was due to the same factors that caused the loss from operations to increase. UPDATE ON SECOND AND THIRD QUARTER 2009 The Company is currently working to complete its financial statements for the quarters ended June 30, 2009 and September 30, 2009 and, once complete, expects to file as soon as practicable its Quarterly Reports on Form 10-Q for these periods. The Company expects to schedule a conference call to present the results relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc these periods. ABOUT ARTHROCARE Founded in 1993, ArthroCare Corp. is a highly innovative, multi-business medical device company that develops, manufactures, and markets minimally invasive surgical products. With these products, ArthroCare targets a multi-billion dollar market opportunity across several medical specialties, significantly improving existing surgical procedures Surgical procedures have long and possibly daunting names. The meaning of many surgical procedure names can often be understood if the name is broken into parts. For example in splenectomy, "ectomy" is a suffix meaning the removal of a part of the body. "Splene-" means spleen. and enabling new, minimally invasive procedures. Many of ArthroCare's products are based on its patented Coblation[R] technology, which uses low-temperature radiofrequency energy to gently and precisely dissolve rather than burn soft tissue -- minimizing damage to healthy tissue. Used in more than four million surgeries worldwide, Coblation-based devices have been developed and marketed for sports medicine sports medicine, branch of medicine concerned with physical fitness and with the treatment and prevention of injuries and other disorders related to sports. Knee, leg, back, and shoulder injuries; stiffness and pain in joints; tendinitis; "tennis elbow"; and ; spine/neurologic; ear, nose and throat (ENT ENT ears, nose, and throat (otorhinolaryngology). ENT abbr. ear, nose, and throat ENT ear, nose and throat. ENT Ears, nose & throat; formally, otorhinolaryngology ); cosmetic; urologic; and gynecologic gynecologic /gy·ne·co·log·ic/ (gi?ne-) (jin?e-kah-loj´ik) pertaining to the female reproductive tract or to gynecology. procedures. ArthroCare also has added a number of novel technologies to its portfolio, including Opus Medical sports medicine, Parallax parallax (pâr`əlăks), any alteration in the relative apparent positions of objects produced by a shift in the position of the observer. In astronomy the term is used for several techniques for determining distance. spine and Applied Therapeutics ENT products, to complement Coblation within key indications. FORWARD-LOOKING STATEMENTS The information provided herein includes forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended. Statements that are not historical facts are forward-looking statements. Forward-looking statements are based on beliefs and assumptions by management and on information currently available to management. Forward-looking statements speak only as of the date they are made, and the Company undertakes no obligation to update any of them publicly in light of new information or future events. Additional factors that could cause actual results to differ materially from those contained in any forward-looking statement include, without limitation: the ability of the Company to fulfill its obligations with respect to the rights of the holders of the Series A Convertible Preferred Stock Convertible Preferred Stock Preferred stock that includes an option for the holder to convert the preferred shares into a fixed number of common shares, usually anytime after a predetermined date. Also known as "convertible preferred shares". , including but not limited to the redemption rights and registration rights of the holders of the Series A Convertible Preferred Stock; the resolution of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. pending against the Company including the arbitration between Gyrus gyrus /gy·rus/ (ji´rus) pl. gy´ri [L.] cerebral g. angular gyrus one arching over the superior temporal sulcus, continuous with the middle temporal gyrus. Group, PLC, Ethicon, Inc. and ArthroCare; the Company's ability to design or improve internal controls to address issues detected in its reviews of internal controls and insurance reimbursement practices (collectively, the "Reviews") or by management in its reassessment of the Company's internal controls; the impact upon the Company's operations of the Reviews, legal compliance matters or internal controls, improvement and remediation; the ability of the Company to control expenses, including costs of the Reviews, legal compliance matters or internal controls review, improvement and remediation; the Company's ability to become current in its periodic reporting requirements under the Exchange Act and to file required reports with the SEC on a timely basis; the results of the investigations being conducted by the Staff of the Division of Enforcement of the Securities and Exchange Commission and the United States Attorneys' offices in Florida and North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures Area, 52,586 sq mi (136,198 sq km). Pop. ; the impact on the Company of additional civil and criminal investigations by state and federal agencies and civil suits by private third parties involving the Company's financial reporting and its previously announced restatement and its insurance billing and healthcare fraud-and-abuse compliance practices; the ability of the Company to attract and retain qualified senior management and to prepare and implement appropriate succession planning for its Chief Executive Officer; general business, economic and political conditions; competitive developments in the medical devices market; changes in applicable legislative or regulatory requirements; the Company's ability to effectively and successfully implement its financial and strategic alternatives, as well as business strategies, and manage the risks in its business; and the reactions of the marketplace to the foregoing. |
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