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Court Grants Preliminary Approval to Class Action Settlement that Provides Benefits Of Approximately $20 Million to Healthcare Providers that Purchased a SS1 Before January 1, 2009
Date:3/4/2011

HAVERFORD, Pa., March 4, 2011 /PRNewswire-USNewswire/ -- On March 3, 2011, the United States District Court for the Northern District of Ohio granted preliminary approval to a proposed settlement reached in a class action lawsuit filed by Chimicles & Tikellis LLP ("C&T") against STERIS Corporation ("STERIS").  The lawsuit is related to STERIS' marketing and sale of the STERIS SYSTEM 1® Sterile Processor (the "SS1 Device"), a tabletop liquid chemical system that provides rapid, low-temperature processing of surgical instruments such as endoscopes and bronchoscopes.  

Sterilization systems like the SS1 Device must be cleared by the FDA before they can be sold to healthcare providers.  The FDA cleared the SS1 in 1988.  The lawsuit filed by C&T alleges that STERIS made several material changes to the SS1 Device after 1988 without obtaining the necessary clearance from the FDA, and that as a result, the FDA informed healthcare providers that use of the SS1 Device "should be discontinued as soon as practicable," but no later than August 2, 2011.  STERIS subsequently entered into a consent decree with the FDA to implement a transition plan whereby healthcare providers could return their SS1 Devices to STERIS in exchange for a rebate (the "Rebate Program").  There are no allegations in this case that the SS1 Devices create a safety hazard, nor that anyone has been harmed as a result of using the SS1 Devices.

The proposed settlement of the class action lawsuit is on behalf of all domestic healthcare providers that own or owned a SS1 Device that was (a) purchased before January 1, 2009, and (b) in use on December 1, 2009.  SS1 Devices purchased after January 1, 2009 are not part of this proposed settlement because they are already eligible for a full refund from STERIS under the Rebate Program.  In December 2009, STERIS prepared a list of SS1 Devices then in use -- the "Transition List."  All eligi
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SOURCE Chimicles & Tikellis LLP
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