Biomet Announces Appellate Court Reversal.Business Editors, Health/Medical Writers WARSAW, Ind.--(BW HealthWire)--Jan. 18, 2001 (Nasdaq:BMET BMET Biomedical Engineering Technology BMet Bachelor of Metallurgy BMET Bio-Medical Equipment Repair Technician ) Biomet, Inc. ("Biomet") announced today that the U.S. Court of Appeals for the Federal Circuit (the "Federal Circuit") has reinstated the $20 million punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. award against Biomet given to Raymond G. Tronzo by the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in the Southern District of Florida while affirming the compensatory damages award of $520. In its decision in this matter, the District Court had reduced the punitive damage award to $52,000. The Federal Circuit's decision was based principally on procedural grounds, but included a finding that a relationship of 38,000 to 1 between the punitive award and the compensatory award was legally permissible. Biomet believes this result conflicts with controlling law, including decisions of the United States Supreme Court United States Supreme Court: see Supreme Court, United States. . Biomet intends to challenge the Federal Circuit's decision. Initially, Biomet will seek reconsideration by the Federal Circuit and, if necessary, it will seek review of the case by the United States Supreme Court. Notwithstanding Biomet's intention to aggressively appeal the Federal Circuit's decision, Biomet intends to record a $20 million charge plus legal expenses and post-judgment statutory interest against pre-tax earnings for its third quarter ending February 28, 2001, to reflect the Federal Circuit's decision. It is important to note that this is a one-time financial event and does not affect the on-going sales of any of Biomet's product lines. Dane A. Miller, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of Biomet, said, "We are astounded a·stound tr.v. a·stound·ed, a·stound·ing, a·stounds To astonish and bewilder. See Synonyms at surprise. [From Middle English astoned, past participle of astonen, by the court's decision and we will pursue all available appeals including, but not limited to, an appeal to the United States Supreme Court, if necessary." Biomet, Inc. and its subsidiaries design, manufacture and market products used primarily by musculoskeletal musculoskeletal /mus·cu·lo·skel·e·tal/ (-skel´e-t'l) pertaining to or comprising the skeleton and muscles. mus·cu·lo·skel·e·tal adj. Relating to or involving the muscles and the skeleton. medical specialists in both surgical and non-surgical therapy, including reconstructive and fixation devices, electrical bone growth stimulators, orthopedic support devices, operating room supplies, general surgical instruments, arthroscopy Arthroscopy Definition Arthroscopy is the examination of a joint, specifically, the inside structures. The procedure is performed by inserting a specifically designed illuminated device into the joint through a small incision. products, spinal implants, bone cements, bone substitute materials, craniomaxillofacial implants and dental reconstructive implants and associated instrumentation. Headquartered in Warsaw, Indiana, Biomet and its subsidiaries currently distribute products in more than 100 countries. For further information contact Daniel P. Hann, Senior Vice President and General Counsel, at (219) 372-1539, or Barbara Goslee, Manager, Corporate Communications, at (219) 372-1514. Web site: www.biomet.com or e-mail investor.relations@biometmail.com |
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