SCOTTSDALE, Ariz., June 6, 2006 (PRIMEZONE) -- TASER International, Inc. (Nasdaq:TASR), a market leader in advanced electronic control devices announced that the Circuit Court for the County of Saginaw, Michigan entered a judgment in favor of TASER International ordering the dismissal of the product liability lawsuit filed by Devica Thompson, et. al. against TASER International, Inc. This is the twentieth wrongful death or injury lawsuit that has been dismissed or judgment entered in favor of TASER International.
In the Court order granting TASER International's motion for summary disposition, the Court held that the plaintiff's complaint failed to state a legally recognized claim against TASER International as a matter of law and ruled that the Plaintiff was unable to prove that the ADVANCED TASER(r) M26 device was a cause of Mr. Thompson's death.
The Court stated that there was no dispute as to his immediate cause of death from metabolic and respiratory acidosis and noted that the autopsy report found high concentrations of lactic acid and carbon dioxide in Mr. Thompson's blood. The Court then stated that lactic acid is typically generated as a by-product of creating energy for muscle contractions without oxygen and held that "accepting as fact that some lactic acid can be produced by muscle contractions induced by a TASER, there is no evidence that this makes the M26's design inherently or unreasonably dangerous."
The Court then concluded "...Any attempt to pinpoint the TASER M26 as a 'but for' cause without which Thompson would have lived would involve nothing more than sheer speculation on the part of a jury. It is equally likely, if not more so, that Defendant's exertions in fighting with friends and officers that night generated more lactic acid than which his body was able to cope."
The Court also noted that Plaintiff's own experts did not conflict with TASER's theory of Mr. Thompson's death, "but explicitly acknowledges that the physical confrontations played an undeniable role in bringing about his acidosis."
In a very significant ruling, the Court also held that "it is equally possible the use of the TASER led to the release of less lactic acid than would have been produced naturally by the additional physical wrestling necessary to subdue an offender if use of the device had not been used."
In ruling that the TASER device was not defective out of a failure to warn, the Court held that there is no evidence that the device would have harmful effects on healthy individuals. The Court also held that, "No warning can guide the officer's discretion if the potential for harm only exists in an offender beset with unobservable latent physical ailments."
"We are very pleased that the Court held that the TASER device was not the cause of this unfortunate death and also to see judges accept the fact that early use of TASER technology to end a struggle is much safer and produces much less lactic acid than what would have been produced naturally by the additional physical struggle had the TASER M26 not been used," commented Douglas Klint, Vice President and General Counsel for TASER International. "The Court's opinion in the Thompson case is one of the first to rule as a matter of law that the TASER device is not the cause of death in cases involving metabolic or respiratory acidosis which is the primary cause of most in-custody deaths; and also to rule that TASER had met its duty to warn," concluded Klint.
"Our strategy of aggressively defending these product liability lawsuits is continuing to show results and we will relentlessly fight these lawsuits with the overwhelming medical and scientific evidence showing that the TASER device was not the cause of injury or death," concluded Klint.
About TASER International, Inc.
TASER International provides advanced electronic control devices for use in the law enforcement, military, private security and personal defense markets. TASER devices use proprietary technology to incapacitate dangerous, combative or high-risk subjects who pose a risk to law enforcement officers, innocent citizens or themselves in a manner that is generally recognized as a safer alternative to other uses of force. TASER technology saves lives every day, and the use of TASER devices dramatically reduces injury rates for police officers and suspects. For more information on TASER life-saving technology, please call TASER International at (800) 978-2737 or visit our website at www.TASER.com.
Note to Investors
This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the "Securities Act"), and Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), including statements, without limitation, regarding our expectations, beliefs, intentions or strategies regarding the future. We intend that such forward-looking statements be subject to the safe-harbor provided by the Private Securities Litigation Reform Act of 1995. The forward-looking information is based upon current information and expectations regarding TASER International. These estimates and statements speak only as of the date on which they are made, are not guarantees of future performance, and involve certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results could materially differ from what is expressed, implied, or forecasted in such forward-looking statements.
TASER International assumes no obligation to update the information contained in this press release. These statements are qualified by important factors that could cause our actual results to differ materially from those reflected by the forward-looking statements. Such factors include but are not limited to: (1) market acceptance of our products; (2) our ability to establish and expand direct and indirect distribution channels; (3) our ability to attract and retain the endorsement of key opinion-leaders in the law enforcement community; (4) the level of product technology and price competition for our products; (5) the degree and rate of growth of the markets in which we compete and the accompanying demand for our products; (6) risks associated with rapid technological change and new product introductions; (7) competition; (8) litigation including lawsuits resulting from alleged product related injuries and death; (9) media publicity concerning allegations of deaths and injuries occurring after use of the TASER device and the negative effect this publicity could have on our sales; (10) TASER device tests and reports; (11) product quality; (12) implementation of manufacturing automation; (13) potential fluctuations in our quarterly operating results; (14) financial and budgetary constraints of prospects and customers; (15) order delays; (16) dependence upon sole and limited source suppliers; (17) negative reports concerning the TASER device; (18) fluctuations in component pricing; (19) government regulations and inquiries; (20) dependence upon key employees and our ability to retain employees; (21) execution and implementation risks of new technology; (22) ramping manufacturing production to meet demand; (23) medical and safety studies; and (24) other factors detailed in our filings with the Securities and Exchange Commission, including, without limitation, those factors detailed in the Company's Annual Report on Form 10-K and its Form 10-Qs.
The statements made herein are independent statements of TASER International. The inclusion of any third parties does not represent an endorsement of any TASER International products or services by any such third parties.