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Brower Piven Encourages Investors Who Have Losses in Excess of $500,000 From Investment in K-V Pharmaceutical Company to Inquir


Published on 2011-10-21 12:36:29 - Market Wire
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October 21, 2011 15:29 ET

Brower Piven Encourages Investors Who Have Losses in Excess of $500,000 From Investment in K-V Pharmaceutical Company to Inquire About the Lead Plaintiff Position in Securities Fraud Class Action Lawsuit Before the December 19, 2011 Lead Plaintiff Deadline

STEVENSON, MD--(Marketwire - Oct 21, 2011) - Brower Piven, A Professional Corporation announces that a class action lawsuit has been commenced in the United States District Court for the Eastern District of Missouri on behalf of purchasers of the common stock of K-V Pharmaceutical Company ("K-V" or the "Company") (NYSE: [ KV-A ]) (NYSE: [ KV-B ]) during the period between February 14, 2011 and April 4, 2011, inclusive (the "Class Period").

If you have suffered a net loss for all transactions in K-V common stock during the Class Period, you may obtain additional information about this lawsuit and your ability to become a lead plaintiff by contacting Brower Piven at [ www.browerpiven.com ], by email at [ hoffman@browerpiven.com ], by calling 410/415-6616, or at Brower Piven, A Professional Corporation, 1925 Old Valley Road, Stevenson, Maryland 21153. Attorneys at Brower Piven have combined experience litigating securities and class action cases of over 60 years.

No class has yet been certified in the above action. Members of the Class will be represented by the lead plaintiff and counsel chosen by the lead plaintiff. If you wish to choose counsel to represent you and the Class, you must apply to be appointed lead plaintiff no later than December 19, 2011 and be selected by the Court. The lead plaintiff will direct the litigation and participate in important decisions including whether to accept a settlement and how much of a settlement to accept for the Class in the action. The lead plaintiff will be selected from among applicants claiming the largest loss from investment in the Company during the Class Period. You are not required to have sold your shares to seek damages or to serve as a Lead Plaintiff.

The complaint accuses the defendants of violations of the Securities Exchange Act of 1934 by virtue of the Company's misleading disclosures during the Class Period that the Food and Drug Administration ("FDA") had granted K-V the exclusive distribution rights over its "Makena," a drug compound that had previously been prescribed by physicians for decades to prevent miscarriages, and that the agency would enforce those rights by preventing K-V's competitors from distributing generic compounds of Makena and that K-V's Makena distribution program was designed to "expand access" to the drug compound, including to low-income and other at-risk groups notwithstanding that the $1,500 list price K-V was charging would actually reduce availability of the drug compound to physicians and their patients. According to the complaint, after March 17, 2011, when two U.S. Senators publicly questioned the bona fides of K-V's distribution program, stating "the financial assistance is not sufficient and does not extend to certain groups of women" so that, in reality, "KV Pharmaceutical's actions will result in diminished access to appropriate health care for women and result in increased preterm births"; after the FDA's March 30, 2011 statement that the agency did not intend to take enforcement action against K-V's competitors for distributing the generic version of K-V's Makena; and after K-V's April 1, 2011 disclosure that K-V was reducing Makena's list price by nearly 55% to $690 per injection -- versus the previous list price of $1,500 -- such that many physicians would never prescribe Makena to their patients due to flaws in the distribution program, the value of K-V shares declined significantly.

If you choose to retain counsel, you may retain Brower Piven without financial obligation or cost to you, or you may retain other counsel of your choice. You need take no action at this time to be a member of the class.


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