Lawsuit Overview
July 2, 2015 - The U.S. Court of Appeals for the Eighth Circuit affirmed the judgement of the district court.
July 7, 2014 - The lead plaintiff filed a notice of appeal.
June 6, 2014 - The court denied the lead plaintiff's motion for reconsideration and granted the defendants' motion to dismiss.
March 27, 2014 - The court granted defendants' motion to dismiss without prejudice with leave to amend.
August 15, 2012 - Court ordered that the case is stayed during the pendency of defendant's bankruptcy proceedings.
July 24, 2012 - The lead plaintiff filed an amended consolidated complaint.
May 3, 2012 - Lead plaintiff and lead counsel were appointed.
March 29, 2012 - The court granted the plaintiff's motion to dismiss.
March 28, 2012 - A plaintiff filed a motion to dismiss claims as to all parties without prejudice.
March 8, 2012 - All cases were consolidated.
December 19, 2011 - Lead plaintiff motions were filed.
October 19, 2011 - An investor in shares of KV Pharmaceutical Company, class A and class B stock (NYSE: KV.A and NYSE: KV.B) filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against KV Pharmaceutical Co over alleged Violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between February 14, 2011 and April 4, 2011.
According to the complaint the plaintiff alleges on on behalf of investors in common stock of KV Pharmaceutical Company (NYSE: KV.A. and KV.B) between February 14, 2011 and April 4, 2011, that KV Pharmaceutical Company and certain of its officers violated the Securities Exchange Act of 1934 by issuing allegedly false and misleading statements claiming the Food and Drug Administration (“FDA”) had granted KV Pharmaceutical Company the exclusive distribution rights over Makena, a drug compound that had previously been prescribed by physicians for decades to prevent miscarriages, and that the agency would enforce those rights by preventing KV Pharmaceutical Company’s competitors from distributing generic compounds of Makena. The plaintiff also claims that defendants told investors KV Pharmaceutical Company's Makena distribution program was designed to expand access to the drug compound, including to low-income and other at-risk groups, while concealing that the $1,500 list price KV Pharmaceutical Company was charging would actually reduce availability of the drug compound to physicians and their patients.
Shares of KV Pharmaceutical Company traded as low as $1.40 per KV.B share in January 2009 and as low as $0.65 per KV.A share in February 2009, but were able to gain some value in the end of 2010 KV.A and KV.B. shares and closed 2010 at $2.55 per KV.A and $2.58 per KV.B share.
Then on March 08, 2011 KV.B stock spiked to over $13 per share and on March 11, 2011, KV.A. stocks spiked to as high as $11.99 after KV Pharmaceutical Company, along with its branded subsidiary, Ther-Rx Corporation, announced on March 08, 2011, the details of its patient assistance program for Makena-eligible patients.
KV Pharmaceutical Company said Makena will be available for prescribing the week of March 14, 2011.
The plaintiff alleges that as a result, based on a fundamental misperception of KV Pharmaceutical Company's sales and earnings potential, KV Pharmaceutical Company’s stock allegedly traded at artificially inflated prices between February 14, 2011 and April 4, 2011, allowing KV Pharmaceutical Company’s to sell $200 million worth of senior secured notes, with the proceeds used in large part to pay down KV Pharmaceutical Company's debts.
In fact, KV Pharmaceutical Company’s reported that its 12months Total Revenue decreased over the past four filing periods from $577.62million to $27.30million and its Net Income of $86.44million turned into a Net Loss of $174million lately.
On March 17, 2011 two U.S. Senators publicly questioned the bona fides of KV Pharmaceutical Company's distribution program. On March 30, 2011 the FDA said in a statement that the agency did not intend to take enforcement action against KV Pharmaceutical Company's competitors for distributing the generic version of its Makena.
On April 1, 2011 KV Pharmaceutical Company announced, among other things, that it was reducing Makena's list price by nearly 55% to $690 per injection.
Since March 2011 KV.A and KV.B shares declined to as low as under $1.20 per KV.A and under $1.30 per KV.B. in early October 2011.