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BioVie (BIVI) Faces Securities Fraud Class Action After Uncovering Potential Scientific Misconduct In Failed Phase 3 Clinical Trial – Hagens Berman

Key Takeaway: BioVie Inc. is embroiled in a securities fraud class action suit after allegations of significant misconduct in its Phase 3 clinical trial for NE3107, a potential Alzheimer's drug. The company reportedly misled investors about compliance with Good Clinical Practice and oversight amid challenges posed by the COVID-19 pandemic. Following revelations of misconduct and protocol violations at trial sites, BioVie’s stock plummeted more than 60%. The legal implications arise from accusations of intentional concealment of these issues that may have affected trial results.

Market Sentiment Analysis

CONCERNS & RISKS

  • BioVie is facing a securities fraud class action for potentially misleading investors about clinical trial compliance.
  • The Phase 3 clinical trial of NE3107 was marred by significant protocol and Good Clinical Practice violations.
  • Stock prices fell sharply by over 60% following the announcement of missed statistical significance and trial data issues.
  • Concerns have risen about potential scientific misconduct during the trial due to lack of oversight.

Full Press Release Details

SAN FRANCISCO, Feb. 16, 2024 (GLOBE NEWSWIRE) -- Hagens Berman urges BioVie Inc. (NASDAQ: BIVI) investors who suffered substantial losses to submit your losses now.
Class Period: Aug. 5, 2021 – Nov. 29, 2023
Lead Plaintiff Deadline: Mar. 19, 2024
Contact An Attorney Now: BIVI@hbsslaw.com
BioVie Inc. (BIVI) Securities Class Action:
The litigation focuses on the propriety of BioVie’s disclosures concerning its adherence to Good Clinical Practice (“GCP”) and protocols related to its Phase 3 clinical trial of NE3107, a potential Alzheimer’s disease drug.
On Aug. 5, 2021, BioVie announced that it enrolled the first patient in its Phase 3 clinical trial of NE3107 and thereafter assured investors that the “[t]rial continues to have a good safety profile and low discontinuation rate.”   On Sep. 26, 2023, BioVie announced completion of the last treatment visit in the trial and investors eagerly awaited the results for a drug, which the company touted as having a “10+ billion annual peak sales potential.”
The complaint alleges BioVie made misleading statements and concealed that: (1) BioVie was not conducting proper oversight of its Phase 3 clinical trial; (2) the COVID-19 pandemic significantly and negatively impacted the company’s ability to adequately conduct oversight of the trial; (3) due to lack of proper oversight and reliance on contract research organizations, the data from the trial faced a greater risk of being unreliable and that the majority of patients would have to be excluded from it; and (4) as a result of the significant exclusions, the trial would fail to meet its primary endpoints.
The truth began to emerge on Nov. 8, 2023, when BioVie revealed that “during routine monitoring of blinded data from our Phase 3 study of […] NE3107, we uncovered what appears to be potential scientific misconduct and significant non-compliance with GCPs and regulations at six sites[]” and “[w]e have alerted the FDA’s Office of Scientific Integrity (‘OSI’) about these issues[.]” This news drove the price of BioVie shares down $1.25, or almost 30% lower, on Nov. 9, 2023.
Then, on Nov. 29, 2023, BioVie announced that the Phase 3 trial missed statistical significance “due to site exclusions” and blamed the miss on “significant deviation from protocol and Good Clinical Practice (GCP) violations at 15 sites” leading it to exclude all patients from these sites and referrals of them to the OSI. On an event call, BioVie’s management suggested that the company became aware of Phase 3 deviations beginning as early as July 2023. This news drove the price of BioVie shares crashing $3.03, or over 60% lower, on Nov. 29, 2023.
“We’re focused on investors’ losses and are investigating whether BioVie may have intentionally concealed GCP and protocol violations,” said Reed Kathrein, the Hagens Berman partner leading the investigation.
If you invested in BioVie and have substantial losses, or have knowledge that may assist the firm’s investigation, submit your losses now »
If you’d like more information and answers to frequently asked questions about the BioVie case and our investigation, read more »
Whistleblowers: Persons with non-public information regarding BioVie should consider their options to help in the investigation or take advantage of the SEC Whistleblower program. Under the new program, whistleblowers who provide original information may receive rewards totaling up to 30 percent of any successful recovery made by the SEC. For more information, call Reed Kathrein at 844-916-0895 or email BIVI@hbsslaw.com.
Hagens Berman is a global plaintiffs’ rights complex litigation law firm focusing on corporate accountability through class-action law. The firm is home to a robust securities litigation practice and represents investors as well as whistleblowers, workers, consumers and others in cases achieving real results for those harmed by corporate negligence and fraud. More about the firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.
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Reed Kathrein, 844-916-0895

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Frequently Asked Questions

What is the class period for BioVie Inc. investors?

The class period for BioVie Inc. investors runs from Aug. 5, 2021, to Nov. 29, 2023.

What allegations are made against BioVie Inc.?

BioVie is accused of making misleading statements about trial oversight and GCP compliance.

When did BioVie share significant trial compliance issues?

BioVie disclosed potential scientific misconduct on Nov. 8, 2023.

What happened on Nov. 29, 2023?

BioVie announced their Phase 3 trial missed statistical significance due to exclusions.

How can investors report losses related to BioVie?

Investors can report their losses or assist the investigation by contacting Hagens Berman.

Last updated: Feb 16, 2024