-----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, RgaQZ0TrTajE0i6FXXfs42bOzpHiXi7gesGfdLW66fyR1QGDA2fzOJCxuyA75/QR YYD/RM6ySkB0mF9YAjCqNA== 0001193125-05-206925.txt : 20051024 0001193125-05-206925.hdr.sgml : 20051024 20051024163120 ACCESSION NUMBER: 0001193125-05-206925 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20051020 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20051024 DATE AS OF CHANGE: 20051024 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DYNACQ HEALTHCARE INC CENTRAL INDEX KEY: 0000890908 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-OFFICES & CLINICS OF DOCTORS OF MEDICINE [8011] IRS NUMBER: 760375477 STATE OF INCORPORATION: DE FISCAL YEAR END: 0831 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21574 FILM NUMBER: 051152347 BUSINESS ADDRESS: STREET 1: 10304 INTERSTATE 10 EAST STREET 2: SUITE 369 CITY: HOUSTON STATE: TX ZIP: 77029 BUSINESS PHONE: 7136736639 MAIL ADDRESS: STREET 1: 10304 I-10 EAST STREET 2: SUITE 369 CITY: HOUSTON STATE: TX ZIP: 77029 FORMER COMPANY: FORMER CONFORMED NAME: DYNACQ INTERNATIONAL INC DATE OF NAME CHANGE: 19960126 8-K 1 d8k.htm FORM 8-K Form 8-K

 

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): October 20, 2005

 

Dynacq Healthcare, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware   000-21574   76-0375477
(State or other jurisdiction of incorporation or organization)   (Commission File Number)   (I.R.S. Employer Identification No.)

 

10304 Interstate 10 East, Suite 369

Houston, Texas 77029

(Address of principal executive offices and zip code)

 

(713) 378-2000

(Registrant’s telephone number, including area code)

 

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.

 

In a press release issued on October 24, 2005, the Company announced that it had settled a medical malpractice suit described in its Form 10-K for the year ended December 31, 2004 as potentially material litigation. A copy of the press release issued October 24, 2005 is attached as Exhibit 99.1 to this Form 8-K.

 

Item 9.01 Financial Statements and Exhibits

 

(c) Exhibits.

 

Exhibit Number


  

Description


*Exhibit 99.1    Press Release dated October 24, 2005.

 

*Filed herewith


SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dynacq Healthcare, Inc.
By:  

/s/ Philip S. Chan

Philip S. Chan

Chief Financial Officer

 

Date: October 24, 2005.


Exhibit Index

 

Exhibit Number


  

Description


*Exhibit 99.1    Press Release dated October 24, 2005.

* Filed herewith

EX-99.1 2 dex991.htm PRESS RELEASE Press Release

EXHIBIT 99.1

 

DYNACQ HEALTHCARE, INC. SETTLES LITIGATION

 

HOUSTON—(BUSINESS WIRE)—October 24, 2005—Dynacq Healthcare, Inc. (Nasdaq Capital Markets:DYII) (“Company”) announced today that it settled a medical malpractice suit pending against it for the amount of $1,000,000. The settlement fully releases the Company and its subsidiaries from liability and prohibits the filing of any future claims relating to this matter. The amount of the settlement was significantly less than the amount sought by the plaintiffs and is within the Company’s policy limits, so the settlement will be paid in full directly by the insurance carrier.

 

The lawsuit was filed by Regina Oliva, as representative of the person and estate of Nicolas Moreno et. al., against Vista Medical Center Hospital and numerous other defendants, including the Company. The plaintiffs had sought damages of no more than $50,000,000 for alleged physical pain and suffering and medical expenses for defendants’ alleged negligence during Moreno’s spinal surgery. The plaintiffs also sought damages for alleged mental anguish and loss of financial support by various family members of Mr. Moreno, and joint and several liability among the defendants.

 

Acceptance of the settlement is still subject to approval of the Probate Court in Harris County, Texas.

 

Dynacq Healthcare, Inc. (www.dynacq.com) is a holding company. Its subsidiaries provide surgical healthcare services and related ancillary services through hospital facilities and outpatient surgical centers.

 

Contact:

Dynacq Healthcare, Inc., Houston, Texas

Holly Hubenak, 713-378-2000

 

Certain statements included in this press release, which are not historical facts, are forward-looking statements. Such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements represent our expectations or beliefs and involve certain risks and uncertainties, including those described in our public filings with the United States Securities and Exchange Commission; also including, but not limited to, changes in interest rates, competitive pressures, customer mix, third party reimbursement rates, financial stability of major customers, government regulations or the interpretation of these regulations, changes in supplier relationships, growth opportunities, cost savings, revenue enhancements, synergies and other benefits anticipated from acquisition transactions, difficulties relative to integrating acquired businesses, the accounting and tax treatment of acquisitions and asserted and unasserted claims, which could cause actual results to differ from those in the forward-looking statements. The forward-looking statements, by their nature, involve substantial risks and uncertainties, certain of which are beyond our control, and actual results may differ materially, depending on a variety of important factors. You are cautioned not to place undue reliance on these forward-looking statement that speak only as of the date herein.

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