TheStreet.com reported on this apparent discrepancy between the FDA’s comment and the Company’s repeated representations that the FDA had “agreed to accept” the post-hoc data analyses proposed by the Company in lieu of an additional clinical trial, asserting that: “Hemispherx Biopharma (HEB) lied to investors and to the Securities and Exchange Commission by failing to disclose serious concerns raised by the U.S. Food and Drug Administration about its chronic fatigue syndrome drug Ampligen.” The price of Hemispherx shares fell from $0.64 to $0.37 on December 18.
On Monday, February 4, 2013, Hemispherx announced the receipt of a Complete Response letter from the FDA regarding Ampligen, which conveyed that the FDA’s review of the Ampligen application was complete and that it would not approve the application in its present form.
Cohen Milstein encourages all investors who purchased Hemispherx common stock between March 19, 2012 and December 17, 2012 or former employees with information concerning this matter to contact the firm.
If you are a Hemispherx shareholder and would like to discuss your right to recover for your economic loss, you may, without any cost or obligation, call Cohen Milstein’s Managing Partner, Steven J. Toll at (888) 240-0775 or (202) 408-4600, or email him at firstname.lastname@example.org. If you wish to serve as lead plaintiff, you must move the Court no later than February 22, 2013 to request that the Court appoint you as lead plaintiff. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. To be appointed lead plaintiff, the Court must decide that your claim is typical of the claims of other class members, and that you will adequately represent the class. Your share in any recovery will not be enhanced or diminished by the decision whether or not to serve as a lead plaintiff. Any member of the proposed class may retain Cohen Milstein Sellers & Toll PLLC or other attorneys to serve as your counsel in this action, or you may do nothing and remain an absent class member.Cohen Milstein Sellers & Toll PLLC has significant experience in prosecuting investor class actions and actions involving securities fraud. The firm has offices in Washington, D.C., New York, Chicago, Philadelphia and Palm Beach Gardens, and is active in major litigation pending in federal and state courts throughout the nation.
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