10.02.2007 00:46:00
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Lerach Coughlin Stoia Geller Rudman & Robbins LLP Files Class Action Suit Against Nuvelo, Inc.
Lerach Coughlin Stoia Geller Rudman & Robbins LLP ("Lerach
Coughlin”) (http://www.lerachlaw.com/cases/nuvelo/)
today announced that a class action has been commenced on behalf of an
institutional investor in the United States District Court for the
Southern District of New York on behalf of purchasers of Nuvelo, Inc. ("Nuvelo”)
(NASDAQ:NUVO) publicly traded securities during the period between
January 5, 2006 and December 8, 2006 (the "Class
Period”).
If you wish to serve as lead plaintiff, you must move the Court no later
than 60 days from today. If you wish to discuss this action or have any
questions concerning this notice or your rights or interests, please
contact plaintiff’s counsel, William Lerach or
Darren Robbins of Lerach Coughlin at 800/449-4900 or 619/231-1058, or
via e-mail at wsl@lerachlaw.com.
If you are a member of this class, you can view a copy of the complaint
as filed or join this class action online at http://www.lerachlaw.com/cases/nuvelo/.
Any member of the purported class may move the Court to serve as lead
plaintiff through counsel of their choice, or may choose to do nothing
and remain an absent class member.
The complaint charges Nuvelo and certain of its officers and directors
with violations of the Securities Exchange Act of 1934. Nuvelo is a
biopharmaceutical company engaged in the development and
commercialization of acute cardiovascular and cancer therapies.
The complaint alleges that Nuvelo misrepresented its chances of
obtaining Food and Drug Administration ("FDA”)
approval of a purported new blood clot dissolver, alfimeprase. The
complaint alleges that despite the fact that 80% of Nuvelo’s
value was attributed to this drug, the Company’s
top officers concealed that their own clinical data demonstrated
alfimeprase was ineffective in dissolving blood clots.
On December 14, 2005, the Company announced it had received a Special
Protocol Assessment ("SPA”)
agreement from the FDA, claiming that the SPA would solidify the
regulatory pathway to approval for alfimeprase. Defendants also stated
their "power calculations”
demonstrated alfimeprase’s efficacy as a drug
candidate. During a January 5, 2006 conference call, defendants
confirmed they believed alfimeprase would reach the U.S. consumer market
by 2008 and that alfimeprase would generate $500 million in annual sales
in the U.S. alone. The complaint alleges Nuvelo’s
stock price surged on this news and remained inflated throughout the
Class Period while Nuvelo issued and sold 7.5 million shares of its
common stock in an underwritten offering on January 30, 2006, receiving
over $119 million in proceeds.
Then on December 11, 2006, Nuvelo disclosed that alfimeprase had
completely failed its clinical trials. During the conference call
following the announcement, Nuvelo’s CEO
admitted that alfimeprase failed to perform better than placebos and
that previously reported positive results were due to drug injections
washing clots away rather than dissolving them. On this news the Company’s
stock fell 80%, erasing over $800 million in market capitalization.
According to the complaint, the true facts, which were known by each of
the defendants but concealed from the investing public during the Class
Period, were that: (i) Nuvelo had no reliable clinical data suggesting
that alfimeprase "dissolved”
blood clots when applied to them through a catheter, other than
physically washing them away; (ii) Nuvelo had no "power
calculations” suggesting alfimeprase would
out-perform a placebo as required to demonstrate the efficacy the FDA
would demand; and (iii) defendants knew the decision of Amgen, the drug’s
original developer, to walk away in December 2004 was based on Amgen’s
educated suspicion (based on clinical data also known to defendants)
that alfimeprase would likely not pass FDA muster and thus was not a
commercially viable drug candidate.
Plaintiff seeks to recover damages on behalf of all purchasers of Nuvelo
publicly traded securities during the Class Period (the "Class”).
The plaintiff is represented by Lerach Coughlin, which has expertise in
prosecuting investor class actions and extensive experience in actions
involving financial fraud.
Lerach Coughlin, a 180-lawyer firm with offices in San Diego, San
Francisco, Los Angeles, New York, Boca Raton, Washington, D.C., Houston,
Philadelphia and Seattle, is active in major litigations pending in
federal and state courts throughout the United States and has taken a
leading role in many important actions on behalf of defrauded investors,
consumers, and companies, as well as victims of human rights violations.
Lerach Coughlin lawyers have been responsible for more than $20 billion
in aggregate recoveries. The Lerach Coughlin Web site (http://www.lerachlaw.com)
has more information about the firm.
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