How 'bout that new law suit ladies

A little bird says that some old reps are causing quite the stir!
This is going to be a blast to watch.
Ah, the legal system-live by the sword-DIE by the sword.

Tee Hee-everyone is going to feast on this carcass....

 

For those needing to catch up.....

http://dl.dropbox.com/u/16862344/20120725.pdf

 

And this: http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfmaude/detail.cfm?mdrfoi__id=2596085

"I guess my complaint is actually one of false advertising. My clinic bought a pronto-7 from (b)(6), to measure hemoglobins percutaneously. It has other functions, but these were not important to us. One of our physicians understood from a salesman at a booth at a conference, that this device's accuracy in measuring hemoglobin was better than a spun hematocrit, though not quite as good as a laboratory venous hemoglobin. We bought one of these based on that presentation. What we didn't notice until later is that the device specifications are that it measures hemoglobin with a standard deviation of 1 gram. I don't know what the standard deviation of a spun hematocrit is officially. It is most dependent on the technique used to obtain the blood, but i would guess from my (b)(6) years of experience that it is 1 or less points of hematocrit, corresponding to less than. 33 points of hemoglobin. So the salesman was totally wrong. The specifications for the device make it clinically useless in measuring hemoglobin. The variation is excessive. One minute the result might show the pt to be anemic, the next to be normal. Comparison from one month to the next - say you'd treated them with iron and wanted to know if they'd gone up by the expected 1g of hemoglobin - would be useless. During the time we have had this device, i am sure that i have sent many pts for anemia or polycythemia workups unnecessarily; i don't know how many pts tested normal at 13 who were really anemic at 11 or less or polycythemic at 13 or more, and so were not appropriately tested and treated. So even if this device worked perfectly to specification the two devices from this company that we have used probably did not live up to specifications, but i have insufficient data to prove that, it is misleading to market it as a device for measuring hemoglobin. I would like the fda to decertify the device for this purpose as i said, the other purposes may work fine. Even without the salesman's lie, their written literature currently states that one should use this device to look for anemia in outpatients. It can not be used for this purpose. This technology is worse than useless, because it gives misleading information and this part of this product should be pulled from the market. If that is impossible, their printed materials should be required to prominently state that the values obtained are plus or minus 2 or 3 grams of hemoglobin so that the clinician can decide whether they have any use for a lab value that varies by 20%. Dates of use: (b)(6) 2011 - (b)(6) 2012."

 

Motion to dismiss the case: DENIED.

 

You would hope the market will begin to see the truth behind the technology...it's a joke.

 

Yeah, wouldn't that be nice. Unfortunately there are way too many gullible people in this world and being stupid isn't a crime.

 

Especially when you obfuscate things by "donating" $1 million worth of this trash to the Clinton initiative and call yourself a great humanitarian.

 

How clever of Masimo leadership to unload a warehouse full of dead, rotting Pronto inventory. Unlike wine, boxes of broken stagnant technology don't get better with time. It only makes shareholders uneasy. Hey wait! Let's just give it all to Africa!

 

MASIMO'S CURRENT LAWSUITS (2012): Masimo is the DEFENDANT in all these!

United States et al v. Masimo Corporation
http://dockets.justia.com/docket/california/cacdce/2:2010cv08169/486331/
Case #2:2010cv08169

Dominion Assets LLC v. Masimo Corporation et al
http://dockets.justia.com/docket/california/candce/3:2012cv02773/255526/
Case #3:2012cv02773

Ausikaitis v. Kiani, Masimo Corporation et al
http://dockets.justia.com/docket/delaware/dedce/1:2012cv01175/49679/
Case #1:2012cv01175

Michael Ruhe et al v. Masimo Corporation et al
http://dockets.justia.com/docket/california/cacdce/8:2011cv00734/502048/
Case #8:2011cv00734

John Tompkins et al v. Masimo Corporation et al
http://dockets.justia.com/docket/california/cacdce/8:2011cv01435/512177/
Case #8:2011cv01435

Essential Medical Devices Inc. v. Masimo Corporation et al
http://dockets.justia.com/docket/delaware/dedce/1:2011cv00734/46894/
Case #1:2011cv00734

MAJOR INVESTIGATIONS/ALLEGATIONS INVOLVING MASIMO CORPORATION:

The Law Firm of Levi & Korsinsky, LLP Launches an Investigation into Possible Breaches of Fiduciary Duty by the Board of Directors of Masimo Corporation in Connection with Executive Compensation
http://finance.yahoo.com/news/law-firm-levi-korsinsky-llp-225100755.html

The Law Firm of Robbins Umeda LLP is investigating possible breaches of fiduciary duty and other violations of the law by certain officers and directors at Masimo Corporation
http://finance.yahoo.com/news/robbins-umeda-llp-announces-investigation-065400563.html

Joe Kiani faces White House lobbying allegations
http://www.massdevice.com/news/masimo-ceo-kiani-parries-white-house-lobbying-allegations

DISHONORABLE MENTION:
Masimo CEO’s Family Comes Along For The Ride
http://www.footnoted.com/perk-city/masimo-ceos-family-comes-along-for-the-ride/

 

Here's one way to shed bad inventory quick & come out smelling like a rose... Send it to the sick & needy in Africa. But doesn't accuracy matter there too?
http://www.prnewswire.com/news-releases/masimo-announces-1-million-commitment-to-action-with-the-clinton-global-initiative-to-solve-maternal-mortality--anemia-171139851.html

 

I just have to laugh, the ad banner at the top of the page is about being a Whistle Blower....targeted ads, ironically funny.

 

Masimo featured on front page of Medicare Fraud 101 website

http://medicare-fraud.net/medical-device-companies-potentially-violate-the-false-claims-act-by-selling-knowingly-defective-equipment/

 

The New York Times calls foul on Kiani...
http://www.nytimes.com/2012/04/15/us/politics/white-house-doors-open-for-big-donors.html?pagewanted=all&_r=0

 

kiani is an egg-suck dog imho

 

This is so unacceptable! Are you kidding me?!?!
http://shareholdersfoundation.com/caseinvestigation/masimo-corporation-nasdaqmasi-investor-investigation-over-potential-breaches-fiduc

Certain officers and directors of Masimo Corporation are currently under investigation concerning whether they breached their fiduciary duties by paying certain top officials at Masimo Corporation excessive compensation.

Masimo's Net Income fell from $73.53million for the 52 weeks period that ended on Jan 1, 2011, to $63.70 million for the 52 weeks period that ended on Dec. 31, 2011. Furthermore, shares of Masimo Corporation (NASDAQ:MASI) fell from almost $35 in April 2011 to as low as $18.42 per share on June 4, 2012.

Despite those financial results the total compensation of certain top executives of Masimo Corporation (NASDAQ:MASI) increased substantially between 2009 and 2011. For instance the CEO and Chairman’s pay rose from over $4.4 million in 2009 to over $7.6 million in 2011, the CFO’s compensation and the CIO’s pay rose from over $750,000 in 2009 to over $1 million in 2011, respectively.

 

You mean everyone didn't get a 33% pay raise! Let them eat cake....

 

Dear fraudulent sympathiser,
If the cake they're eating doesn't belong to them, then it's stealing! That's right... theft! Masimo "leadership" is currently under MULTIPLE investigations for illegally eating someone else's cake, i.e. their shareholders' cake. Masimo is not a privately-held company anymore you silly infant. So Masimo "leadership" is no longer at liberty to rape and pillage their own cash registers at will. Unless you've been asleep since August, then surely you're aware of the major investigations going on right now at Masimo headquarters for, as you put it... eating other peoples' cake. There are so many investigations and lawsuits against Masimo right now that it's getting harder to keep track, but here are a couple examples involving Masimo's "breaches of fiduciary duty."

http://finance.yahoo.com/news/law-firm-levi-korsinsky-llp-225100755.html
http://finance.yahoo.com/news/robbins-umeda-llp-announces-investigation-065400563.html

 

Dumbass-I was being sarcastic-since management was seeing 33% increases (750,000>1,000,000) I thought I would use the line from Marie Antoinette (do you have a basic education?). I think you need some education so that you don't continue to shit on those that sympathies with you. Sounds like most around here aren't the swiftest-hell why would you still be here!

 

My bad..... but your comment could be taken either way. So pardon me. I am attending a community college week nights and doing well so far. Mostly B's, some A's.

 

This contract stockholder suit will be interesting to watch unfold. Hats off to the plaintiff Joseph P. Ausikaitis. This guy's not just going after Masimo as a corporation... He's going right for the jugular by identifying each Masimo defendant specifically by name: Joe Kiani, Rick Fishel, Mark P. de Radd, Yongsam Lee, Anand Sampath, Steven J. Barker, Edward L. Cahill , Robert Coleman , Jack Lasersohn , and Sanford Fitch. The usual suspects have apparently annoyed the wrong guy. You've got my vote Joseph Ausikaitis, just based on your list of defendants! Godspeed brother, Stick it to 'em!!!!

http://www.plainsite.org/flashlight/case.html?id=1959740