If you've been following this channel since last year than you know I've been a huge proponent for VXRT. Truthfully, I backed Vaxart initially because I sold my Moderna shares early and lost out on some major profits. VXRT was very promising and leading the pack w/ their Covid vaccine pill that was supposed to be revolutionary. The biggest hurdle for Vaxart was time. Time eventually won out and lockdowns and restrictive Covid protocols around the world eased up. VXRT was even in Phase 2 of their clinical trials for their vaccine pill candidate. Now w/ Covid not as big of a deal as it was, what's next for Vaxart? Let's discuss.
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I'm big on VXRT. Even after the disappointment of the company not getting their pill out in time for it to be relevant for most and shares tanking, I still believe in VXRT. Vaxart has many other products they are championing and that in itself can't be ignored.
BUT, Vaxart was behind the curve on this one and paid dearly. Furthermore, investors in VXRT paid even more so. Let's breakdown the case for VXRT.
Vaxart is still dealing w/ their lawsuit. In said lawsuit, plaintiffs allege a “pump and dump” scheme to inflate the value of Vaxart stock by falsely representing that Vaxart was in a position to profit from development of a COVID-19 vaccine through participation in Operation Warp Speed. According to plaintiffs, the alleged stock price inflation allowed hedge fund Armistice Capital, which controlled Vaxart, to reap approximately a quarter of a billion dollars in profit during the class period by selling shares of Vaxart.
On December 9, plaintiffs in lawsuit filed a Corrected Second Amended Consolidated Class Action Complaint. The complaint alleges numerous instances of misleading disclosures followed quickly by Armistice Capital sales of Vaxart stock. The class period runs from June 15, 2020 to August 19, 2020 inclusive, and includes a subclass (under Section 20A) of the Securities Exchange Act comprised of those “who purchased or otherwise acquired Vaxart securities contemporaneously with Defendants Armistice, Boyd and Maher’s sales of Vaxart securities on or about June 26 and 29, 2020.”
Court documents state that Vaxart, and all the individual defendants except two, have entered into a partial settlement for $12,015,000. A hearing for approval of the settlement is scheduled for January 12, 2023. If the settlement is approved, only the claims against Armistice Capital, LLC and two individual defendants: Steven Boyd and Keith Maher will remain.
Dovetailing with the dates of the subclass is the allegation that on June 26, 2020 “Defendants delivered the master stroke of their carefully calculated deception to create the pop in the stock pice they expected. Specifically, the Armistice Defendants caused Vaxart to issue a press release headlined: ‘Vaxart’s COVID-19 Vaccine Selected for the U.S. Government’s Operation Warp Speed.” Plaintiffs further allege that “The press release also noted that Vaxart ‘has been selected to participate in a non-human primate (NHP) challenge study, organized and funded by Operation Warp Speed’ — language that was plainly calculated to give the Defendants at least some basis to later claim that they had adequately disclosed their ‘selection’ was only for the NHP study.”
With that being said, a settlement has been proposed w/ "all the individual defendants except two". While that settlement agreement is pending a judge's approval there is still a case out there for VXRT and the proposed pump and dump that transpired to inflate the value of the stock.
Recently, the company reported
