VitalStim has been ordered to post the following notice on its web site, by the United States District Court for the Eastern District of New York, alleging Lanham Act violations, antitrust violations, unfair competition, and other business torts. The terms of the settlement are confidential. However, as a result of the settlement, DJO LLC (the parent company of the VitalStim entities) states as follows:
DJO wishes to clarify certain statements made previously about the use of (third party manufacturer) replacement electrodes with the VitalStim device.
While DJO does not recommend or approve the use of (third party manufacturer) electrodes with the VitalStim device, DJO has not conducted formal testing, establishing that (third party manufacturer) products are unsafe for such use. At this time, DJO is not aware of any adverse events resulting from the use of (third party manufacturer) electrodes with the VitalStim device in the field. DJO is not aware that there is any legal prohibition on clinicians, therapists and administrators of VitalStim Therapy using (third party manufacturer) electrodes with their device, or that the use of (third party manufacturer) electrodes with the device would lead to the loss of such persons' medical licenses. Clinicians, therapists and other administrators of VitalStim Therapy must use their professional judgment in treating patients with dysphagia.