-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, M9C/i6bfG412FrXq1C/UleTpb7Kivj6GTNPaCxxr+DjGI4xkbveC8esE4FQEoGux DekYXfEeqMu77gS1kd6OnA== 0000897101-04-001809.txt : 20040903 0000897101-04-001809.hdr.sgml : 20040903 20040903153302 ACCESSION NUMBER: 0000897101-04-001809 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040902 ITEM INFORMATION: Other Events FILED AS OF DATE: 20040903 DATE AS OF CHANGE: 20040903 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ST JUDE MEDICAL INC CENTRAL INDEX KEY: 0000203077 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 411276891 STATE OF INCORPORATION: MN FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12441 FILM NUMBER: 041016891 BUSINESS ADDRESS: STREET 1: ONE LILLEHEI PLAZA CITY: ST PAUL STATE: MN ZIP: 55117 BUSINESS PHONE: 6514832000 MAIL ADDRESS: STREET 1: ONE LILLEHEI PLAZA CITY: ST PAUL STATE: MN ZIP: 55117 8-K 1 stjude044277_8k.htm St. Jude Medical Form 8-K dated 09-02-2004

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington D.C. 20549


FORM 8-K


CURRENT REPORT
Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934



Date of Report (Date of earliest event reported)  September 2, 2004



ST. JUDE MEDICAL, INC.
(Exact name of registrant as specified in its chapter)


Minnesota
(State or other jurisdiction
of incorporation)

0-8672


(Commission
File Number)

41-1276891
(IRS Employer
Identification No.)



One Lillehei Plaza, St. Paul, MN
(Address of principal executive offices)

55117
(Zip Code)



Registrant's telephone number, including area code (651) 483-2000


Not applicable
(Former name or former address, if changed since last report)


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


[  ]     Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[  ]     Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[  ]     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[  ]     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))







Item 8.01.  Other Events.


On September 2, 2004, the United States Court of Appeals for the Eighth Circuit issued an order granting St. Jude Medical, Inc.’s Petition under Federal Rule of Civil Procedure 23(f) for Permission to Appeal a Class Certification Order.


In the Petition, St. Jude Medical sought permission to appeal from the July 15, 2004 class certification order of United States District Judge John R. Tunheim in the multi-district Silzone® heart valve litigation.  The order had certified a nationwide class action for personal injury and medical monitoring claims under Minnesota’s consumer protection statutes.  Judge Tunheim also certified a medical monitoring class based on specific states’ tort laws.  


In granting the Petition, the Eighth Circuit agreed to allow St. Jude Medical to appeal from the July 15, 2004 order, but did not decide whether the classes were properly certified.  The Eighth Circuit will address that issue at a later date and after further briefing.  It may be eight to twelve months before the Eighth Circuit issues a decision on this matter.  St. Jude Medical’s position is that proceeding with a class action is not appropriate under existing law.


In a separate ruling on September 2, 2004, the Eighth Circuit issued an order denying St. Jude Medical’s request that the appellate court review a decision by Judge Tunheim which held that the plaintiff’s claims were not preempted by the U.S. Food and Drug Act.  The Eighth Circuit’s decision does not substantively address or disagree with St. Jude Medical’s grounds for appeal of the preemption ruling, but rather merely determined that an appeal of the preemption ruling was not possible at this time.


SIGNATURE


Pursuant to the requirements of the Securities and Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized on this 3rd day of September, 2004.



ST. JUDE MEDICAL, INC.



By: /s/ Kevin T. O’Malley

Kevin T. O’Malley

Vice President and

General Counsel




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