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Outset Medical (OM) Receives Nasdaq Notice, Shares No Longer Meet Minimum Bid Requirement, Class Action Pending After FDA Warning - Hagens Berman

Key Takeaway: Outset Medical (OM) is facing serious challenges after receiving a notice from Nasdaq regarding its failure to meet minimum bid price requirements, as its stock has traded below $1.00 for an extended period. The company is also being scrutinized due to allegations of misleading investors about regulatory approvals for its Tablo products, leading to a class action lawsuit. Following an FDA warning letter about unauthorized product promotion, Outset Medical has paused shipments and reported disappointing financial results. These events have significantly impacted investor confidence, resulting in a drastic decline in share value.

Market Sentiment Analysis

CONCERNS & RISKS

  • Outset Medical's stock has fallen below the $1.00 minimum bid requirement for Nasdaq listing.
  • The company faces a class action lawsuit for allegedly making false and misleading statements regarding FDA approvals.
  • Outset Medical had to pause sales of its TabloCart product due to regulatory issues, affecting revenue.
  • A 94% decline in share price from $20.46 down to $1.07 reflects severe market loss.

Full Press Release Details

SAN FRANCISCO, Oct. 07, 2024 (GLOBE NEWSWIRE) -- Hagens Berman encourages Outset Medical (NASDAQ: OM) investors who suffered substantial losses to submit your losses now. The firm also encourages persons with knowledge who may assist the investigation to contact its attorneys.
On September 27, 2024, Outset Medical announced that it received notice from the Listing Qualifications staff of Nasdaq that “because the closing bid price for the Company’s common stock had fallen below $1.00 per share for 30 consecutive trading days, the Company no longer complies with the minimum bid price requirement for continued listing on the Nasdaq Global Select Market” and “there can be no assurance that the Company will be able to regain compliance[.]”
Class Period: Aug. 1, 2022 – Aug. 7, 2024
Lead Plaintiff Deadline: Oct. 28, 2024
Contact the Firm Now: OM@hbsslaw.com
Outset Medical, Inc. (OM) Securities Class Action:
Outset Medical is facing allegations of making false and misleading statements, as detailed in a recent complaint. The company is accused of misleading investors about several critical issues:
It was marketing its Tablo products for continuous renal replacement therapy, an indication not approved by the FDA.
It likely needed to submit an additional 510(k) application to the FDA for these products.
It faced a substantial risk of halting Tablo product sales pending FDA approval for additional indications.
It lacked the necessary sales team and processes to effectively ramp up Tablo sales.
Its revenue growth would be adversely impacted due to these issues.
The situation began to unravel on July 7, 2023, when Outset Medical announced it had received a warning letter from the FDA. The letter asserted that the company was promoting a Tablo product, the “TabloCart,” without proper authorization under the existing 510(k).
Subsequently, on August 2, 2023, Outset Medical disclosed it was pausing shipments of the TabloCart pending an additional 510(k) application and FDA clearance. This pause signaled to investors that the FDA warning and the cessation of TabloCart sales would negatively impact the company’s financial performance.
On October 12, 2023, Outset Medical reported disappointing Q3 2023 financial results and guidance, attributing the dampened growth to the FDA warning letter.
The trend continued on August 7, 2024, when the company released underwhelming Q2 2024 financial results and guidance. During this announcement, Outset Medical revealed plans to restructure its sales team and processes, acknowledging it would not meet previous sales forecasts for the TabloCart.
In the wake of Outset Medical’s July 7, 2023 disclosure, the price of company shares has cratered 94% -- from $20.46 that day to $1.07 on Aug. 8, 2024.
“We are looking into whether Outset Medical may have knowingly tried to skirt the 2022 510(k) FDA clearance and misled investors about the strategy and financial repercussions of getting caught,” said Reed Kathrein, the Hagens Berman partner leading the investigation.
If you invested in Outset Medical 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 Outset Medical case and our investigation, read more »
Whistleblowers: Persons with non-public information regarding Outset Medical 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 OM@hbsslaw.com.
Hagens Berman is a global plaintiffs’ rights complex litigation firm focusing on corporate accountability. The firm is home to a robust practice and represents investors as well as whistleblowers, workers, consumers and others in cases achieving real results for those harmed by corporate negligence and other wrongdoings. Hagens Berman’s team has secured more than $2.9 billion in this area of law. More about the firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.
Reed Kathrein, 844-916-0895

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Frequently Asked Questions

What is the class period for Outset Medical's case?

The class period for the Outset Medical case is from August 1, 2022, to August 7, 2024.

What issues is Outset Medical accused of misleading investors about?

Outset Medical is accused of misleading investors regarding Tablo product approvals, sales team capabilities, and revenue growth impacts.

What was the consequence of the FDA warning letter for Outset Medical?

The FDA warning letter prompted Outset Medical to pause TabloCart shipments and negatively affected financial performance.

How much did Outset Medical's shares drop since the July 2023 disclosure?

Outset Medical’s shares fell 94%, from $20.46 on July 7, 2023, to $1.07 on August 8, 2024.

How can whistleblowers assist in the Outset Medical investigation?

Whistleblowers with non-public information can help the investigation and may earn rewards from the SEC.

Last updated: Oct 7, 2024