A Medical Device Daily
Axiom Worldwide (Tampa, Florida) and Adagen Medical (Atlanta) said they have “set aside their differences” and settled all of their claims against one another.
The two spinal decompression companies reported reaching a settlement in two lawsuits. One of the lawsuits was filed by Axiom with the 13th Judicial Circuit Court in Hillsborough County, Florida. Adagen filed its suit with the U.S. District Court for the Northern District of Georgia.
The two companies said they mutually wanted to resolve their claims in the Florida and Georgia litigation as well as all existing and potential claims and disputes, without further legal proceedings. The companies said they have mutually denied engaging in any unlawful or wrongful conduct and each denied any liability.
Specific terms of the settlements were not disclosed, and the companies issued statements singing each others’ praises.
“First of all, none of this is sudden. There has been an ongoing dialogue of conversations between various parties regarding a global settlement of all issues and not just those currently being litigated,” said Jim Gibson, president/CEO of Axiom in a company statement. “Unfortunately some of them have been of a sincere nature and some of them have not. We recognize Terry [Harvey] and [Adagen] as respected competitors in this industry. His efforts to bring non-surgical spinal decompression to the forefront of awareness do not go unrecognized. His company has always anticipated changes in the market in advance of actual events.”
He added: “I don’t wish to speak for Terry, but I think he realizes, as we do, that the current environment is of no benefit to either company or the industry as a whole that we mutually operate in. Much less and even more distracting is that we are being hindered in our ability to make these technologies available to patients.”
Harvey, president/CEO of Adagen, said that despite competitive differences, he has had a “deep respect for Axiom and Jim Gibson.” He said he was “proud of the fact that Adagen has been instrumental in bringing non-surgical spinal decompression to market.”
Adagen distributes the Spina System, the Spina XP and the DavinciX10, all manufactured by North American Medical (Atlanta).
Axiom makes the DRX9000 True Non-surgical Spinal Decompression System, DRX9000C, and DRX9500 and an all-digital electroceutical device, the EPS8000, for relieving pain and for muscular rehabilitation.