According to the law firm press release, the lawsuit alleges violations of the federal securities laws based on their failure to disclose material information affecting the Phase 3 clinical trials for NYMOX's proprietary drug NX-1207 for the treatment of benign prostatic hyperplasia (BPH). NYMOX is engaged in the research and development of therapeutics and diagnostics, with an emphasis on the products for the unmet needs of the aging population. NX-1207 showed positive results for the treatment of BPH in Phase 1 and Phase 2 clinical trials in the U.S. The Company regularly provided positive updates on the Phase 3 clinical trials. However, in a surprise to the market, and contrary to the positive statement concerning the NX02-0017 and NX02-0018 trials, defendants disclosed on November 2, 2014 that the Company's two Phase 3 U.S. studies of NX-1207 had to be halted because the drug failed to meets its primary endpoints for efficacy. On November 3, 2014, defendants held a conference call with analysts to explain the failure and on that conference call disclosed to the market for the first time, among other things, the difficulties they faced in enrolling men for the trials and the subjective nature of the measurement of the drug's success. The market's reaction was immediate and dramatic as the price of NYMOX common stock fell 82% to close at $.93 on unprecedented trading volume of 19.6 million shares. The Company's U.S. BPH program is currently on hold, pending further evaluation of data.
On February 26, 2015, the Court issued an Order appointing lead plaintiffs and approving lead counsel. Lead Plaintiffs filed an amended complaint on June 9.
On February 10, 2016, the Court issued an Order granting Defendants' Motion to Dismiss. Plaintiffs were given leave to file an amended complaint. Plaintiffs however failed to do so, thus this case was dismissed with prejudice on March 22.