Processing your request

please wait...

Case Page


Case Status:    DISMISSED    
On or around 02/14/2005 (Other)

Filing Date: June 13, 2003

According to the Order entered on February 14, 2005, from U.S. District Judge Honorable Sarah Evans Barker of the U.S. District Court of Indiana, the case was dismissed with prejudice. The court approved the stipulation filed by the parties on February 10, 2005, dismissing the case.

On June 16, 2003, a class action complaint, case number 03-CV-0892, with similar allegations to case 03-CV-0882, was filed in the Southern District of Indiana, extending the class period’s start date. On October 7, 2003 the court entered the order for the motion to consolidate cases, approve lead plaintiffs and appoint lead and liaison counsels. According to a plaintiff’s law firm’s website, plaintiffs filed a consolidated amended complaint on December 5, 2003. Defendants filed motions to dismiss the consolidated complaint on February 5, 2004. Plaintiffs filed an opposition to defendants' motions to dismiss on March 5, 2004. Defendants filed replies in support of their dismissal motions on April 6, 2004. On November 8, 2004, the Court dismissed the plaintiffs’ complaint. Plaintiffs filed an amended complaint on December 23, 2004 which defendants again moved to dismiss.

According to the court docket for the first filing, 03-CV-882, the plaintiff filed for voluntary dismissal on July 25, 2003, and the court approved the plaintiff's notice of voluntary dismissal on July 29, 2003 without prejudice.

The original complaint filed on June 13, 2003, alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, by issuing a series of material misrepresentations to the market between the class period, thereby artificially inflating the price of Guidant securities. The Complaint alleges that the Company's ANCURE ENDOGRAFT System (used to prevent an aneurysm in the heart's main artery from rupturing) was not safe and that it was the
cause of over 2,600 incidents that included 12 deaths; the Company
failed to notify the FDA regarding the over 2,600 incidents that
included 12 deaths resulting from the defective ANCURE ENDOGRAFT System;
and the Company engaged in fraudulent sales of the ANCURE ENDOGRAFT
System. On June 12, 2003, the Company agreed to plead guilty to federal
charges and to pay $92.4 million for misleading regulators about 12
deaths and serious injuries linked to the ANCURE ENDOGRAFT System.


Sector: Healthcare
Industry: Medical Equipment & Supplies
Headquarters: United States


Ticker Symbol: GDT
Company Market: New York SE
Market Status: Public (Listed)

About the Company & Securities Data

"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: S.D. Indiana
DOCKET #: 03-CV-0882
JUDGE: Hon. Sarah Evans Barker
DATE FILED: 06/13/2003
CLASS PERIOD END: 06/12/2003
  1. Abbey Gardy, LLP (New York)
  2. Abraham, Fruchter & Twersky (New York, 42 Street)
  3. Bernstein Liebhard & Lifshitz, LLP (New York)
  4. Cauley Geller Bowman Coates & Rudman, LLP (New York)
  5. Faruqi & Faruqi LLP (New York) (former)
  6. Kroger, Gardis & Regas
  7. Law Offices of Marc S. Henzel (Lawrence)
  8. Milberg Weiss Bershad Hynes & Lerach LLP (New York, NY)
  9. Schatz & Nobel, P.C.
  10. Spector Roseman & Kodroff (San Diego)
  11. The Emerson Firm
No Document Title Filing Date
COURT: S.D. Indiana
DOCKET #: 03-CV-0892
JUDGE: Hon. Sarah Evans Barker
DATE FILED: 12/24/2004
CLASS PERIOD END: 06/12/2003
  1. Chitwood & Harley LLP (Atlanta)
  2. Kroger, Gardis & Regas
  3. Law Offices of Charles J. Piven, P.A.
  4. Stull, Stull & Brody (Los Angeles)
  5. Stull, Stull & Brody (New York)
  6. Wolf Haldenstein Adler Freeman & Herz LLP (New York)
No Document Title Filing Date
No Document Title Filing Date