During the third quarter information was received that a lawsuit had been filed against Southwest Transplant Alliance and the University of Texas together with Vitrolife’s American subsidiary, in which damages were being claimed by relatives of a patient who had died in 2010 in connection with a lung transplant. During the fourth quarter two similar lawsuits were filed against the same parties.
Perfadex is an organ preservation solution that has been approved by the FDA for the American market since 2001 and has been marketed by Vitrolife since then up until September 2012. As from October 2012 Perfadex has been marketed by XVIVO Perfusion on the American market. The solution is today used by all lung transplant centers in the USA and has so far been used in thousands of lung transplants. As the products were sold before October 2012, XVIVO Perfusion is not involved in the lawsuit.
The lawsuits have not yet gone to trial, but are at an early stage where evidence regarding the claims is to be presented in a so-called discovery process. The lawyers representing Vitrolife and its insurance company make the assessment that, on the basis of the information that has come to light at present, Vitrolife has a good chance of winning if the lawsuit goes to trial.
February 7, 2013
Gothenburg
XVIVO Perfusion AB (publ)
Magnus Nilsson
CEO