Published: May 25, 2004
Class Action Lawsuit Commenced Against Vaso Active Pharmaceuticals, Inc. by Bernstein Liebhard & Lifshitz, LLP
A securities class action lawsuit was
commenced in the United States District Court for the District of
Massachusetts on behalf of all persons who purchased or acquired securities
of Vaso Active Pharmaceuticals, Inc.
("Vaso" or the "Company") between December 11, 2003 through
March 31, 2004, inclusive (the "Class Period"), seeking to pursue remedies
under the Securities Exchange Act of 1934 (the "Exchange Act"). A copy of
the Complaint is available from the Court or from Bernstein Liebhard &
Lifshitz, LLP. Please visit our website at http://www.bernlieb.com or
contact us at (800) 217-1522 or by e-mail at VAPH@bernlieb.com.
According to the complaint, defendants violated sections 10(b) and 20(a) of
the Exchange Act, and Rule 10b-5, by issuing a series of material
misrepresentations to the market during the Class Period. The complaint
alleges that throughout the Class Period, Vaso issued press releases, and
filed financial reports with the SEC, touting the Company's clinical trial
of its anti-fungal product as being "revolutionary," and stated that the
trial was supervised by a team of independent physicians, analyzed by the
New England Medical Center of Boston, and endorsed by the American
Association of Medical Foot Specialists. The complaint charges that
defendants' assertions were grossly misleading because (i) the New England
Medical Center had nothing to do with the study associated with the trial,
it was not involved in the selection of patients for the trial, and it had
not analyzed the trial results or drawn any conclusions of its
effectiveness; (ii) the trial was supervised by one podiatrist, not a group
of independent physicians, who was selected by the Company's majority
shareholder and compensated by the Company; (iii) the Company's so-called
"clinical trial" was more than half a decade old; (iv) the Association of
Medical Foot Specialists is not widely known in the medical community, and
its endorsement of Vaso's product was bargained for in exchange for a
donation by Vaso to the Association's scholarship program; and (v) there
was little, if any, institutional demand for Vaso's securities.
On April 1, 2004, before the market opened, the SEC issued a press release
announcing the temporary suspension of trading of Vaso stock because of
"questions regarding the accuracy of assertions by VAPH (Vaso) and by
others... concerning, among other things: (1) FDA approval of certain key
products, and (2) the regulatory consequences of the future application of
their primary product." Moreover, on April 7, 2004, Vaso announced that
the Company had received a letter from the Nasdaq Listing Investigations
department regarding Vaso's compliance with Nasdaq listing requirements.
In response to the Nasdaq letter, Vaso stated "In view of the substantial
administrative and cash burdens being borne by the Company at this time,
the Company has determined that it is in the best interest of shareholders
to voluntarily cause its shares to be removed from Nasdaq."
Plaintiff seeks to recover damages on behalf of all those who purchased or
otherwise acquired Vaso securities during the Class Period. If you
purchased or otherwise acquired Vaso securities during the Class Period,
and either lost money on the transaction or still hold the securities, you
may wish to join in the action to serve as lead plaintiff. In order to do
so, you must meet certain requirements set forth in the applicable law and
file appropriate papers no later than June 7, 2004.
A lead plaintiff is a representative party that acts on behalf of other
class members in directing the litigation. In order to be appointed lead
plaintiff, the Court must determine that the class member's claim is
typical of the claims of other class members, and that the class member
will adequately represent the class. Under certain circumstances, one or
more class members may together serve as "lead plaintiff." Your ability to
share in any recovery is not, however, affected by the decision whether or
not to serve as a lead plaintiff. You may retain Bernstein Liebhard &
Lifshitz, LLP, or other counsel of your choice, to serve as your counsel in
this action.
Bernstein Liebhard & Lifshitz, LLP has been retained as one of the law
firms to represent the class. The attorneys at Bernstein Liebhard &
Lifshitz, LLP have extensive experience in securities class action cases,
and have played lead roles in major cases resulting in the recovery of
hundreds of millions of dollars to investors. For more information about
Bernstein Liebhard & Lifshitz, LLP, please visit our website at
http://www.bernlieb.com.
If you would like to discuss this action or if you have any questions
concerning this Notice or your rights as a potential class member or lead
plaintiff, you may contact our Shareholder Relations Department, at
Bernstein Liebhard & Lifshitz, LLP, 10 East 40th Street, New York, New York
10016, (800) 217-1522 or (212) 779-1414 or by e-mail at VAPH@bernlieb.com.
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