UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 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): January 2, 2007 DELCATH SYSTEMS, INC. (Exact name of registrant as specified in its charter) Delaware 001-16133 06-1245881 (State or other jurisdiction of (Commission File Number) (IRS Employer incorporation) Identification No.) 1100 Summer Street, Stamford, Connecticut 06905 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (203) 323-8668 N/A (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): [ ] 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))2 Section 5 - Corporate Governance and Management Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. (a) Not applicable. (b) Not applicable. (c) Effective January 2, 2007, Delcath Systems, Inc. (the "Company") appointed Samuel Herschkowitz, M.D., 56, to serve as the Company's Interim Chief Operating Officer. Biographical information about Dr. Herschkowitz is contained in the press release of the Company dated January 4, 2007 which is filed as Exhibit 99 hereto and is incorporated herein by reference. For his services as Interim Chief Operating Officer, Dr. Herschkowitz will be paid a salary of $10,000 per month. (d) Not applicable. (e) Not appicable. Section 9 - Financial Statements and Exhibits. Item 9.01. Financial Statements and Exhibits. (a) Not applicable. (b) Not applicable. (c) Not applicable. (d) Exhibits: Exhibit Description 99 Press Release dated January 4, 2007 of Delcath Systems, Inc.
3 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. DELCATH SYSTEMS, INC. By: /s/ RICHARD TANEY --------------------------- Richard Taney Interim Chief Executive Officer Date: January 4th, 2007
EXHIBIT INDEX Exhibit Description 99 Press Release dated January 4, 2007 of Delcath Systems, Inc.
[GRAPHIC OMITTED] Company Contact: Investor Contacts: Delcath Systems, Inc. Todd Fromer / Garth Russell Richard Taney KCSA Worldwide 203-323-8668 (212) 896-1215 / (212) 896-1250 www.delcath.com tfromer@kcsa.com / grussell@kcsa.com - --------------- ---------------- ----------------- Media Contact: Lewis Goldberg KCSA Worldwide (212) 896-1216 lgoldberg@kcsa.com FOR IMMEDIATE RELEASE Delcath Appoints Dr. Samuel Herschkowitz as Interim COO STAMFORD, Conn., January 4, 2007 -- Delcath Systems, Inc. (NASDAQ: DCTH) announced today that Samuel Herschkowitz, M.D, has been appointed Interim Chief Operating Officer, as the Company continues its search for a new Chief Executive Officer and a Senior Vice President-Operations. Dr. Herschkowitz was Delcath's Chairman for eight years and Chief Technical Officer of the Company for 15 years. He is currently a member of the Board of Directors. Dr. Herschkowitz is board certified in psychiatry and neurology. He is a professor at New York University Medical Center, and has held academic positions at Beth Israel Hospital, Mount Sinai Medical School and Downstate Medical Center. Dr. Herschkowitz graduated from Syracuse University and received his medical degree from Downstate Medical Center College of Medicine. The Company's Board of Directors has formed a Search Committee to identify potential candidates to assume the positions of Chief Executive Officer and Senior Vice President-Operations of Delcath Systems. Until this search is successfully concluded, Richard Taney, Delcath's Interim CEO, had been empowered by Delcath's Board of Directors to appoint an Interim Chief Operating Officer. Dr. Herschkowitz stated, "I look forward to working with Richard as part of the interim management team and continuing the advancement of the Delcath system's clinical trials. I have worked with Delcath for years and am excited to see our efforts move toward the culmination of our goal of FDA approval and commercialization." "The promise of advanced cancer therapies could mean the difference between life and death to millions in the U.S. and around the world and we believe that the Delcath system will be able to help many people live a longer life," Dr. Herschkowitz concluded. "I appreciate Dr. Herschkowitz's commitment and dedication to advancing our technology, and I look forward to working closely with him during this important time of transition for Delcath. TheBoard has begun its search for a permanent Chief Executive Officer and we are working on multiple fronts to advance the objectives of our Company," stated Mr. Taney. "Sam's wealth of experience with the Delcath system will prove to be a valuable resource in keeping the Company moving forward and in helping to integrate the new management team." About Delcath Systems, Inc. Delcath Systems is a developer of isolated perfusion technology for organ or region-specific delivery of therapeutic agents. The Company's intellectual property portfolio currently consists of 12 patents on a worldwide basis, including the United States, Europe, Asia and Canada. For more information, please visit the Company's website, www.delcath.com. This release contains forward-looking statements, which are subject to certain risks and uncertainties that can cause actual results to differ materially from those described. Factors that may cause such differences include, but are not limited to, uncertainties relating to our ability to successfully complete Phase III clinical trials and secure regulatory approval of our current or future drug-delivery system and uncertainties regarding our ability to obtain financial and other resources for any research, development and commercialization activities. These factors, and others, are discussed from time to time in our filings with the Securities and Exchange Commission. You should not place undue reliance on these forward-looking statements, which speak only as of the date they are made. We undertake no obligation to publicly update or revise these forward-looking statements to reflect events or circumstances after the date they are made. # # #