13.09.2007 22:00:00
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Shareholder Class Action Filed Against Advanced Medical Optics, Inc. by the Law Firm of Schiffrin Barroway Topaz & Kessler, LLP
RADNOR, Pa., Sept. 13 /PRNewswire/ -- The following statement was issued today by the law firm of Schiffrin Barroway Topaz & Kessler, LLP:
Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Central District of California on behalf of all purchasers of securities of Advanced Medical Optics, Inc. ("Advanced Medical" or the "Company") from January 4, 2007 and May 25, 2007, inclusive (the "Class Period").
If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Schiffrin Barroway Topaz & Kessler, LLP (Darren J. Check, Esq. or Richard A. Maniskas, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@sbtklaw.com.
The Complaint charges Advanced Medical and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Advanced Medical is engaged in the development, manufacture and marketing of medical devices for the eye. The Company has three product lines: cataract/implant, laser vision correction, and eye care. One of the Company's primary eye care products was Complete MoisturePlus ("Complete"), a single-bottle, multi-purpose solution with dual demulcents that helped to prevent contact lens dryness and discomfort, and to promote ocular health. More specifically, the Complaint alleges that the Company failed to disclose and misrepresented the following material adverse facts which were known to defendants or recklessly disregarded by them: (1) that the chances of developing acanthamoeba keratitis ("AK") significantly increased for users of Complete; (2) as such, the Company would be forced to recall Complete from the marketplace due to these concerns; (3) that, as a result of the above, the Company's future sales of Complete would be materially impacted; and (4) that, as a result of the foregoing, the Company's statements about its future business operations and prospects were lacking in a reasonable basis when made. The Company has three product lines: cataract/implant, laser vision correction, and eye care. One of the Company's primary eye care products was Complete MoisturePlus ("Complete"), a single-bottle, multi-purpose solution with dual demulcents that helped to prevent contact lens dryness and discomfort, and to promote ocular health.
In November 2006, the Company announced a voluntary recall of certain lots of Complete as bacterial contamination had compromised its sterility. On news of the recall, Advanced Medical's sales declined, but the defendants moved to assure the market that the problem was isolated to Asia, and that the prospects for Complete were favorable, since the recall was "a production-line issue and [was] not related to [the Company's] formulations." On May 24, 2007, Advanced Medical announced that it was interested in acquiring Bausch & Lomb, and offered a superior price to that of the previously announced $3.6 billion Warburg Pincus deal.
The following day, on May 25, 2007, the Company shocked investors when it announced a recall of Complete in response to multiple reported incidents of AK, a serious infection of the cornea. While the U.S. Centers for Disease Control and Prevention estimates that AK is normally reported in approximately one to two incidents per million contact lens users, the CDC estimated a risk of at least seven times greater for those contact lens users who used the Company's Complete solution against those who did not use the product. As evidence of this, 21 of 46 patients who developed AK since January 2005 reported using the Company's Complete solution. On this news, the Company's shares declined $5.51 per share, or over 13.7 percent, to close on May 29, 2007 at $34.69 per share, on unusually heavy trading volume.
Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin Barroway Topaz & Kessler which prosecutes class actions in both state and federal courts throughout the country. Schiffrin Barroway Topaz & Kessler is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world.
For more information about Schiffrin Barroway Topaz & Kessler or to sign up to participate in this action online, please visit http://www.sbtklaw.com/
If you are a member of the class described above, you may, not later than October 23, 2007, move the Court to serve as lead plaintiff of the class, if you so choose. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Schiffrin Barroway Topaz & Kessler or other counsel of your choice, to serve as your counsel in this action.
CONTACT: Schiffrin Barroway Topaz & Kessler, LLP Darren J. Check, Esq. Richard A. Maniskas, Esq. 280 King of Prussia Road Radnor, PA 19087 1-888-299-7706 (toll free) or 1-610-667-7706 Or by e-mail at info@sbtklaw.com
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