According to the law firm press release, Horizon is a specialty biopharmaceutical company that engages in identifying, developing, acquiring or in-licensing, and commercializing medicines for the treatment of arthritis, pain, inflammatory, and/or orphan diseases in the United States and internationally.
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: (i) Horizon’s Prescriptions Made Easy (“PME”) program was designed to artificially inflate the prices of minor differentiation standard retail drugs; (ii) sales revenues from drugs sold through Horizon’s PME program were unsustainable at these inflated price levels; (iii) Horizon’s use of its PME program left the Company subject to increased regulatory risks; (iv) Horizon received a subpoena from the Office of the U.S. Attorney for the Southern District of New York in November 2015; and (v) as a result of the foregoing, Defendants’ statements about Horizon’s business, operations, and prospects were false and misleading and/or lacked a reasonable basis.
On February 29, 2016, Horizon disclosed in its 2015 annual report that the Company received a subpoena in November 2015 from the Office of the U.S. Attorney for the Southern District of New York for documents and information related to the Company’s patient assistance programs, which include providing free medicines and copay coupons to help cover out-of-pocket drug costs, and other aspects of Horizon’s sales and marketing activities.
On this news, Horizon’s stock fell $2.63, or 13.3%, to close at $17.16 on February 29, 2016.
On June 7, 2016, the Court issued an Order appointing lead plaintiff and approving lead counsel. Lead Plaintiffs filed a consolidated complaint on July 25. This was followed by an amended complaint on October 7. On November 14, Defendants filed Motions to Dismiss the amended complaint.
On January 18, 2018, the Court issued an Order granting Defendants' Motions to Dismiss. Plaintiffs were not given leave to file an amended complaint. Plaintiffs filed a Notice appealing this decision on February 16.