Enrique Osorio-Franco, et al. v. Spectrum Pharmaceuticals Case
On September 22, 2022, the FDA Oncologic Drugs Advisory Committee(ODAC) voted 9-4 not to recommend Spectrum's (SPII) poziotinib for Accelerated Approval.
On September 23, 2022, H.C. Wainwright released a report titled “ODAC Votes Against Poziotinib; Debt Deal Announced; Lower PT by $3”. The report noted that the 9 “no” voters from the ODAC cited “non-meaningful benefit over existing therapies and cited dosing issues… Issues related to the Phase 3 confirmatory trial for poziotinib were also raised… as that study has not yet started.”
Going back through 2021 -2022, the Company and its Leaders represented the safety and efficacy data from the ZENITH20 trial were positive and that they had initiated the required confirmatory phase 3 study.
Taking all representations into account, Investors have reasons to suspect that they were misled by the Company and its management on the prospects of its drug candidate.