Item 8.01. Other Events.
On December 20, 2012, Invacare Corporation (the "Company") announced that it has
reached an agreement on the terms of a consent decree of injunction with the
United States Food and Drug Administration (the "FDA"). The consent decree,
which is subject to approval by the United States District Court for the
Northern District of Ohio (the "Court"), relates to previously announced
inspectional observations at the Company's corporate facility and its Taylor
Street wheelchair manufacturing facility, both located in Elyria, Ohio. The
terms of the consent decree, set forth in more detail below, limit production
and certain design activities at the two Elyria facilities until they are
certified as in compliance with FDA regulations by an independent, third-party
expert and subsequently approved by the FDA. All other worldwide manufacturing
facilities within the Company remain in full operation.
Pending the Court's approval, the terms of the consent decree include an
injunction limiting the Company's Taylor Street facility and corporate
facilities in Elyria, Ohio from conducting activities related to the manufacture
and distribution of custom power and manual wheelchairs, wheelchair components
and wheelchair sub-assemblies at or from the Taylor Street facility. The consent
decree also temporarily limits design activities related to wheelchairs and
power beds that take place at the Elyria facilities. The Company may continue to
fulfill orders that are already in its order fulfillment systems at the time of
the Court's approval of the consent decree, as long as the applicable healthcare
provider completes a form certifying that he or she is aware of the decree and
would still like the Company to fulfill the order. Additionally, the Company may
manufacture and distribute a patient's replacement chair and/or seating system
when a patient requests the same or newer version of his or her product and the
patient's clinician submits a verification of medical necessity form that
acknowledges the existence of the consent decree. The Company also may continue
to manufacture and distribute power wheelchairs or seating systems from the
Taylor Street facility if a clinician determines during the course of a clinical
evaluation that the product is medically necessary for a particular patient's
needs which cannot be addressed by another manufacturer's product, and the
patient's clinician and physician complete and submit a verification of medical
necessity form. Other exemptions from the injunction exist to allow for ongoing
service, repair and warranty replacement of products already in use, as long as
the provider completes a form certifying that he or she is aware of the consent
decree and the parts and components will be used only for service or repair of
Invacare wheelchairs already in use.
In order to resume full operations at the impacted Elyria sites, the Company
must successfully complete a third-party expert certification audit that will be
followed by an FDA inspection. The audit will review and certify the Company's
compliance with the FDA's Quality System Regulation at the Taylor Street and
corporate facilities. The audit is divided into three separate reports, which
will allow the Company to resume certain activities on a serial basis while it
continues to bring the remaining aspects of its quality system into compliance.
First, the third-party expert will inspect the qualification and validation
procedures and documentation for equipment and processes at the Taylor Street
facility and submit a report to the FDA. Once the FDA has reviewed the report
and notified the Company that it appears to be in compliance, which may or may
not require an FDA inspection, the Company will be permitted to resume the
manufacturing of components and parts at the Taylor Street facility for further
manufacture of devices produced by other Company facilities. Second, the third
party expert will review the Company's design control systems at the corporate
and Taylor Street facilities. Once the FDA has reviewed the report and notified
the Company that it appears to be in compliance, which may or may not require an
FDA inspection, the Company will be able to resume design activities of
wheelchairs and power beds at the impacted facilities. Finally, the third party
expert will conduct a comprehensive review of the Company's compliance with the
FDA's Quality System Regulation at the corporate and Taylor Street facilities,
followed by an FDA inspection. Upon receipt of written notification from FDA
that the facilities appear to be in compliance, the Company may resume full
operations.
A copy of the Company's December 20, 2012 press release announcing the consent
decree is attached as Exhibit 99.1, and a copy of the consent decree as filed
with the Court is attached as Exhibit 99.2, both of which are incorporated
herein by reference. The summary of the press release and the consent decree
included herein does not purport to be complete or to contain all of the terms
and conditions of the consent decree and is qualified in its entirety by
reference to the actual terms of those documents.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit Number Description
99.1 Press Release, dated December 20, 2012.
Consent Decree of Permanent Injunction, as filed with the
U.S. District Court for the Northern District of Ohio on
99.2 December 20, 2012.
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