Several class actions have been filed against pharmaceutical research company Vicuron Pharmaceuticals, Inc., (Nasdaq:MICU) and certain of its officers and directors by stockholders who purchased the company's common stock between January 6, 2003, and May 24, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.
The action alleges that, during the applicable period, the defendants artificially inflated the price of Vicuron stock by concealing negative material information concerning both the safety and efficacy of Anidulafungin, Vicuron's intravenous treatment of fungal infections. Anidulafungin is currently in late-stage clinical trials for the treatment of esophageal candidiasis, invasive aspergillosis, and invasive candidiasis/candidemia. Candidiasis/candidemia is the most common hospital-based fungal infection, and is often deadly to patients who contract it.
The action alleges that the defendants consistently downplayed the fact that Anidulafungin only performs as effectively as fluconazole, the standard therapy used for hospital-based fungal infections. In fact, clinical data allegedly undermined Anidulafungin’s chances of FDA approval, because relapse rates for esophageal candidiasis turned out to be higher when compared to fluconazole. The partial disclosure of the contents of an FDA letter, dated Monday, May 24, 2004, detailing the failure of Vicuron to supply data necessary to support its claim that Anidulafungin can be used to effectively treat esophageal candidasis, caused Vicuron shares to plummet $8.86 to $13.04, a loss of over 40% from the previous trading day and a loss of over 45% from its class period high of $23.90.
If you purchased securities issued by Vicuron Pharmaceuticals during the applicable period, you may request appointment by the court as a lead plaintiff if you do so by August 14, 2004. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the court must determine that your claim is typical of the claims of other class members, and that you will adequately represent the class. Under certain circumstances, one or more class members may together serve as lead plaintiffs. Your ability to share in any recovery is not affected by the decision whether or not to serve as a lead plaintiff. You may retain any counsel of your choice to serve as you in this action, or you may choose to do nothing, and remain in the class as a silent member.