Public Employees’ Retirement System of Mississippi v. Mylan N.V.

Court: United States District Court for the Western District of Pennsylvania
Case Number: 2:20-cv-955
Class Period: 02/16/2016 - 05/07/2019
Case Leaders: Katherine M. Sinderson, Abe Alexander
Case Team: Caitlin Bozman

On September 14, 2020, the Honorable Nicholas Ranjan of the Western District of Pennsylvania appointed the Public Employees’ Retirement System of Mississippi as Lead Plaintiff in a class action lawsuit for violations of the federal securities laws against Mylan N.V. (“Mylan” or the “Company”) and certain of the Company’s senior executives (collectively, “Defendants”) on behalf of investors in Mylan common stock between February 16, 2016 and May 7, 2019 (the “Class Period”). Judge Ranjan appointed Bernstein Litowitz Berger & Grossmann LLP (BLB&G) to act as Co-Lead Counsel.

Mylan is the second largest generic drug manufacturer in the world with roughly 55 manufacturing and R&D facilities globally. During the Class Period, Mylan’s largest U.S. manufacturing facility was located in Morgantown, West Virginia. The claims against Mylan arise from the Company’s misrepresentations and omissions regarding rampant abuses of federal quality control regulations, including at the Morgantown facility. Under a scheme implemented by Mylan’s President, Rajiv Malik, Mylan chemists manipulated quality control test data in order to create the facade that Mylan’s drugs had achieved passing quality control results. In November 2016, a whistleblower reported Mylan’s conduct to the U.S. Food & Drug Administration (“FDA”).

The truth began to be revealed on June 27, 2018, when Mylan revealed that the FDA had investigated the Morgantown plant in the Spring of 2018—the second FDA investigation of that plant in less than two years. According to the FDA, the Morgantown plant exhibited “significant deficiencies in [its] cleaning process[es],” “numerous instances of a lack of oversight,” and “multiple instances” of Mylan chemists re-cleaning and re-swabbing quality control testing machines “multiple times until passing results were obtained.” As a result of these violations, Mylan was ultimately forced to reveal that it would be dramatically “restructuring” its Morgantown facility, including by terminating hundreds of employees, and reported a surprise quarterly loss on May 7, 2019, which the Company attributed, in part, to the Morgantown “restructuring.” The disclosures concerning Mylan’s misconduct and its impact on the Company’s business and financial condition caused the value of Mylan stock to decline dramatically, resulting in significant damages to investors.

BLB&G filed a Consolidated Class Action Complaint on November 13, 2020. To view the complaint, click on the Case Documents tab on the left-hand side of the page. Defendants filed a motion to dismiss the complaint on January 19, 2021, and BLB&G filed in opposition to that motion on March 16, 2021. The motion was fully briefed on April 30, 2021. We are awaiting a decision from the court.