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_______________
Copyright (c) 2001
Stanford Law School


Advanced Tissue Sciences, Inc.
Conclusion: As reported by the Company's Form 10-Q for the quarterly period ended June 30, 1999, the class action was voluntarily dismissed without prejudice by lead plaintiffs' counsel on May 3, 1999.

According to the docket posted, the court ordered the consolidation of all cases on August 25, 1998 under the lead case 98-CV-1146. The consolidated complaint was never filed.

The Complaint alleges that defendants falsely represented that there was a statistically significant difference in complete wound closure rate in patents with diabetic foot ulcers who were treated with Dermagraft compared to control patients. In fact, the Complaint alleges, the difference was not statistically significant by standard statistical measures. As a result, the Dermagraft study data did not meet the standards for approval by the U.S. Food & Drug Administration ("FDA"). Moreover, more patients treated with Dermagraft needed wound site surgery than control patients and Dermagraft-treated patients had a higher infection rate. On June 11, 1998, Advanced Tissue announced that the FDA had determined that the Dermagraft study data was inadequate for marketing approval. Following that announcement the price of Advanced Tissue stock, which was as high as $17 per share during the Class Period, fell to less than $3.85 per share, from more than $7 per share the previous day, on volume of almost 7.5 million shares.

INDUSTRY CLASSIFICATION:
SIC Code: 2836
Sector: Healthcare
Industry: Biotechnology & Drugs


COMPANY/ISSUER NAME: Advanced Tissue Sciences, Inc.
COMPANY/ISSUER TICKER: ATIS
COMPANY WEBSITE: http://www.advancedtissue.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
McKitty, et al. v. Advanced Tissue Sciences, Inc., et al.
 COURT: S.D. California  DOCKET NUMBER: 98-CV-1146
 JUDGE NAME:  Hon. Judith N. Keep
 DATE FILED: 06/22/1998  SOURCE: Business Wires
 CLASS PERIOD START: 10/14/1996  CLASS PERIOD END: 6/11/1998
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Berger & Montague PC
      1622 Locust Street, Philadelphia, PA, 19103
       (voice) 800.424.6690, (fax) 215.875.4604, investorprotect@bm.net
  • Milberg Weiss Bershad Hynes & Lerach LLP (San Diego, CA)
      600 West Broadway, 1800 One America Plaza, San Diego, CA, 92101
       (voice) 800.449.4900, (fax) , support@milberg.com
  • Schatz & Nobel, P.C.
      330 Main Street, Hartford, CT, 06106
       (voice) 800.797.5499, (fax) 860.493.6290, sn06106@AOL.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint for Violation of the Federal Securities Laws
    Type: Complaint Date on the document: 06/22/1998
    Order Of Dismissal Without Prejudice
    Type: Order Date on the document: 05/03/1999
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 05/03/1999

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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