Stewart Albertson, Albertson & Davidson

Stewart Albertson, Albertson & Davidson

May 8, 2013 ~ The trial of Marion Carpenter v. American Medical Systems which was scheduled to begin in San Bernardino California, May 13th, has been delayed until January or February of 2014.

Attorney Stewart Albertson tells MDND that decision was made by both sides appearing before Judge Bryan F. Foster, in the San Bernardino Central Courthouse. Read yesterday’s story and complaint here.

“She’s frustrated and I am too. She’s been through a lot but this is the best for the case,” says Albertson. “It’s not something we enjoy doing but the circumstances pulled together with our analysis of the solvency led us to believe this is the best course,” says Mr. Albertson referring to the financial health of AMS, which was purchased by Endo Holdings two years ago.

What do we know about Marion Carpenter?  She is age 51 and was a registered nurse making about $80-90,000 a year during the last three year she worked before she was implanted with a Monarc sling to treat incontinence. Carpenter was said to have never missed a day of work. Her attorney says her coworkers loved her and after surgery noticed how much pain she was in which caused her to miss work.

“So it’s effectively destroyed her career,” says Albertson.

Her husband has passed away. After three surgeries with Dr. Shlomo Raz, a urologist at UCLA, he opined in his deposition that Carpenter would never have normal sexual intercourse again. The surgeon found permanent nerve damage and profound scarring after removing as much of the Monarc mesh as he could.

“He had to do a lot of dissection to get that stuff. She still has chronic infections but the doctor says you can never get it all out, it’s impossible,” according to Albertson.

Endo Health Solutions Inc. of  Malvern, Pennsylvania diversified into medical devices for urology with its purchase of American Medical Systems in April 2011 for an estimated $2.6 billion ($30 a share), according to the Wall Street Journal (here).

That deal included about $312 million in assumed debt.  Endo purchased not only surgical mesh for male and female incontinence, but also a laser system to treat enlarged prostates and erectile dysfunction. Endo also purchased Qualitest Pharmaceuticals $1.2 billion and $223 million for urology products company HealthTronics.

Read more in this April 2011 story from Bloomberg (here).

More on American Medical Systems Inc. of Minnetonka MN

http://www.endo.com/solutions/ams

Quarterly filing May 2013

http://www.endo.com/investors/sec-filings