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): November 30, 2009

ARTHROCARE CORPORATION

(Exact name of registrant as specified in its charter)

Delaware
(State or other jurisdiction
of Incorporation)
  
0-027422
(Commission File Number)
  
94-3180312
(I.R.S. Employer Identification
Number)

7500 Rialto Blvd., Building Two, Suite 100
Austin, TX 78735
(Address of principal executive offices, including zip code)
 
(512) 391-3900
(Registrant’s telephone number, including area code)

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 (see General Instruction A.2 below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 14e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 

 

Item 7.01. Regulation FD Disclosure.

ArthroCare Corporation ("ArthroCare") has entered a Settlement Agreement and Release (the "Settlement Agreement") with Government Employees Insurance Company and its affiliates (collectively “GEICO”), Metropolitan Property and Casualty Insurance Company and its affiliates (collectively “Metropolitan”) and The Hartford Financial Services Group, Inc. and its affiliates (collectively “The Hartford”) regarding prior claims for reimbursement made to GEICO, Metropolitan or The Hartford (collectively the “Insurers”) related to cases in which letters of protection were held by ArthroCare’s subsidiary DiscoCare, Inc. Pursuant to the Settlement Agreement, the Insurers and ArthroCare have each released the other generally from any claims, demands, losses and liabilities occurring prior to the date of the Settlement Agreement, other than third party claims. In consideration of the mutual releases, and without admitting any liability or wrongdoing, ArthroCare has agreed to pay the Insurers an aggregate of $995,000. In addition, ArthroCare has agreed that it will not seek payment from any of the Insurers on any pending SpineWand® claims for which the SpineWand surgical device was provided in exchange for a letter of protection.

 
 

 

SIGNATURES

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

   
ARTHROCARE CORPORATION
     
Date: December 8, 2009
 
By:
 /s/ David Fitzgerald
   
  David Fitzgerald
   
  President and Chief Executive Officer