INVESTOR NOTICE: The Rosen Law Firm Announces Securities Fraud Class Action Against Delcath Systems, Inc. - DCTH
The Rosen Law Firm today announced that a class action lawsuit has been
filed on behalf of investors who purchased the securities of Delcath
Systems, Inc. (Nasdaq: DCTH) during the period from April 21, 2010
through May 2, 2013, seeking to recover damages for violations of the
federal securities laws.
To join the Delcath class action, visit the firm’s website at http://rosenlegal.com,
or call Phillip Kim, Esq. toll-free, at 866-767-3653; you may also email pkim@rosenlegal.com
for information on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS
CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU
MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER.
The Complaint alleges that throughout the Class Period, Defendants made
false and/or misleading statements, as well as failed to disclose
material adverse facts about the Company's business, operations, and
prospects. Specifically, Defendants made false and/or misleading
statements and/or failed to disclose that: (1) the Company's New Drug
Application ("NDA") for Melblez Kit (Melblez (melphalan) for Injection
for use with the Delcath Hepatic Delivery System), for the treatment of
patients with unresectable ocular melanoma metastatic to the liver
contained risks including substantial and severe toxicity and deaths
associated with the drug's adverse reactions; and (2) the Company's
manufacturing facilities were in violation of Current Good Manufacturing
Practices ("cGMP").
On February 22, 2011, the Company disclosed that it had received a
"refusal to file" letter from the U.S. Food & Drug Administration
("FDA") for its NDA for its proprietary chemosaturation system. The
letter "requested information involving manufacturing plant inspection
timing, product and sterilization validations and additional safety
information [...] as well as additional statistical analysis
clarification." On this news, Delcath shares plummeted $4.29 or 38%, to
close at $7.01 per share.
On April 30, 2013, the FDA published briefing documents ahead of a May
2, 2013 meeting by the Oncologic Drugs Advisory Committee ("ODAC"). The
briefing documents concluded, among other things, that "substantial
evidence of effectiveness in adequate and well controlled clinical
trials utilizing the proposed drug-device combination product and a
favorable benefit risk profile is required for approval." Moreover, the
briefing documents revealed that a staggering 7% of the 122 patients
treated with the Melblez kit died as a result of the treatment. On this
news, Delcath shares declined $0.558 per share or over 40%, to close at
$0.832 per share on April 30, 2013.
On May 2, 2013, the Company announced that the ODAC voted 16 to 0 that
benefits of treatment with Delcath's Melblez Kit do not outweigh the
risks associated with the procedure. On this news, Delcath shares
declined $0.3326 per share or nearly 42%, to close at $0.46 per share on
May 3, 2013.
If you wish to serve as lead plaintiff, you must move the Court no later
than July 8, 2013. A lead plaintiff is a representative party acting on
behalf of other class members in directing the litigation. If you wish
to join the litigation, or to discuss your rights or interests regarding
this class action, please contact Phillip Kim, Esq. of The Rosen Law
Firm, toll-free, at 866-767-3653, or via e-mail at pkim@rosenlegal.com.
You may also visit the firm’s website at http://rosenlegal.com.
The Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and shareholder
derivative litigation.
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