Trimedyne Sues Distributor, Claims Contract Unfulfilled : Courts: Maker of lasers says probes for urological surgery weren’t marketed as promised by C.R. Bard.

Trimedyne Inc. said Monday that it has sued its distributor, C.R. Bard Inc., for reneging on a contract to sell laser probes used in urological surgery.

In the lawsuit filed last week in Orange County Superior Court in Santa Ana, Trimedyne contends that Murray Hills, N.J.-based Bard didn’t market the probes as it promised four years ago when it became the products’ exclusive distributor. Trimedyne, which makes lasers and other medical devices, seeks damages of $72 million, attorneys’ fees and other relief.

The probes feature a gold-tipped glass fiber, which, when inserted in the body, directs a laser beam sideways into diseased tissue. The tissue is then heated and destroyed, a Trimedyne spokesman said.

Trimedyne contends that Bard intended to honor the contract only if it obtained quick regulatory approval to market the probe specifically to treat a common prostate disorder. The condition, called “benign prostatic hyperplasia,” involves the non-cancerous growth of the prostate, which causes discomfort, impedes urination, and afflicts about half of the American male population over age 50, the company states in the lawsuit.

Shortly before Bard signed the contract, the U.S. Food and Drug Administration approved sale of the devices to urologists for general use, the suit said. However, Bard’s subsequent request for approval to market the devices to treat the prostate condition specifically is still pending, according to Trimedyne.

In August, Trimedyne said its sales of the probes to Bard during the nine months ended June 30 were off $1.9 million from the comparable period the prior year. Overall, Trimedyne’s revenue for the recent nine months totaled $9.8 million, off $526,000 from revenue in the same period a year ago.

A Bard spokesman said the company doesn’t comment on litigation.