Biopure Sues National Institutes of Health Official
October 28 2008 - 4:05PM
PR Newswire (US)
Complaint Alleges Defamation, Trade Libel and Intentional
Interference with Prospective Business Advantage CAMBRIDGE, Mass.,
Oct. 28 /PRNewswire-FirstCall/ -- Biopure Corporation (NASDAQ:BPUR)
announced today that it had filed an action for injunctive relief
and damages against Charles Natanson, M.D., who co-authored an
article and several letters about Hemopure, hemoglobin glutamer-250
(bovine), Biopure's oxygen therapeutic product for human use. The
action was filed on October 10, 2008, in the U.S. District Court,
District of Columbia. Natanson is senior investigator and head of
the anesthesia section of the Critical Care Medicine Department,
Clinical Center, of the National Institutes of Health. The
complaint alleges that in publishing the article "Cell-Free
Hemoglobin-Based Blood Substitutes and Risk of Myocardial
Infarction and Death" (published by the Journal of the American
Medical Association online on April 28, 2008) and writing a number
of letters to regulatory authorities in jurisdictions where Biopure
is active, Natanson engaged in tortious activity that injured
Biopure. Biopure seeks injunctive relief and damages for
defamation, trade libel/injurious falsehood and intentional
interference with prospective business advantage. Natanson has not
yet filed an answer or any other response. Biopure Corporation
Biopure Corporation develops, manufactures and markets
pharmaceuticals, called oxygen therapeutics that are intravenously
administered to deliver oxygen to the body's tissues. Hemopure(R)
[hemoglobin glutamer -- 250 (bovine)], or HBOC-201, is approved for
sale in South Africa for the treatment of surgical patients who are
acutely anemic. The Company is developing Hemopure for other
indications and is supporting the U.S. Navy's government-funded
efforts to develop a potential out-of-hospital trauma indication.
Biopure's veterinary product Oxyglobin(R) [hemoglobin glutamer --
200 (bovine)], or HBOC-301, the only oxygen therapeutic approved
for marketing by both the U.S. Food and Drug Administration and the
European Commission, is indicated for the treatment of anemia in
dogs. Biopure has sold approximately 200,000 units of Oxyglobin
since its launch. Statements in this release that are not strictly
historical are forward- looking statements, including any
statements implying that any legal action will be successful.
Actual results and their timing may differ materially from those
projected in these forward-looking statements due to risks and
uncertainties. These risks include, without limitation,
uncertainties regarding the company's financial position, including
its limited cash resources and need to raise additional capital to
pursue its business, unexpected costs and expenses, delays and
adverse determinations by regulatory authorities, unanticipated
problems with the product's commercial use, whether or not product
related, and with product distributors, sales agents or other third
parties, delays in clinical trials, and the other factors
identified under the heading "Risk Factors" in the Company's
quarterly report on Form 10- Q filed on September 15, 2008, which
can be accessed in the EDGAR database at the U.S. Securities and
Exchange Commission's (SEC) website, http://www.sec.gov/. The
company undertakes no obligation to release publicly the results of
any revisions to these forward-looking statements to reflect events
or circumstances arising after the date hereof. A full discussion
of the company's operations and financial condition can be found in
the company's filings with the SEC. Contact: Tiana Gorham Biopure
Corporation (617) 234-6826 DATASOURCE: Biopure Corporation CONTACT:
Tiana Gorham of Biopure Corporation, +1-617-234-6826, Web site:
http://www.biopure.com/ Company News On-Call:
http://www.prnewswire.com/comp/131224.html
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