Ophthotech Securities Settlement
HomeCase DocumentsContact UsFile Claim

WELCOME TO THE OPHTHOTECH SECURITIES SETTLEMENT WEBSITE

This website has been established to provide general information related to the proposed settlement of the lawsuit referred to as Micholle v. Ophthotech Corporation, et al., No. 1:17-cv-00210-VSW-GWB (the “Litigation”), and is pending before the Honorable Vernon S. Broderick in the United States District Court for the Southern District of New York (the “Court”). The capitalized terms used on this website, and not otherwise defined, shall have the same meanings ascribed to them in the Stipulation of Settlement (the "Stipulation") dated September 8, 2021, which can be found and downloaded by clicking on the Case Documents tab above.

The law firm of Robbins Geller Rudman & Dowd LLP represents you and other Class Members. You will not be charged for these lawyers. They will be paid from the Settlement Fund to the extent the Court approves their application for fees and expenses. If you want to be represented by your own lawyer, you may hire one at your own expense.

WHAT IS THIS LAWSUIT ABOUT?

This is a securities class action brought against IVERIC bio, Inc., formerly known as Ophthotech Corporation ("Ophthotech" or "Company") and certain of its officers and directors (collectively, "Defendants") for alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) on behalf of all Persons who purchased or acquired Ophthotech common stock during the period between March 2, 2015 through December 12, 2016, inclusive (the "Class Period").  The Lead Plaintiff is Sheet Metal Workers' Pension Plan of Southern California, Arizona and Nevada.  Lead Plaintiff alleges violations of the Exchange Act premised on false and misleading statements and/or failures to disclose adverse information regarding the clinical trials on Fovista, the Company's leading drug candidate.  More specifically, Lead Plaintiff contends these statements and omissions caused the price of the Company’s common stock to trade at artificially inflated prices, until the market learned of the allegedly false and misleading statements, and the Company’s share price significantly declined.

If you purchased or acquired Opthotech common stock from March 2, 2015 through and including December 12, 2016, you are a Class Member.   As set forth in the Stipulation, excluded from the Class are: (i) Defendants; (ii) members of the immediate family of each Defendant; (iii) any person who was an officer or director of Ophthotech during the Class Period; (iv) any entity in which any Defendant has or had a controlling interest; (v) any corporate parent and/or affiliate of Ophthotech; and (vi) the legal representatives, heirs, successors-in-interest, or assigns of any such excluded Person. Also excluded from the Class is any Person who would otherwise be a Member of the Class but who validly and timely requests exclusion pursuant to the requirements described in the Notice of Pendency and Proposed Settlement of Class Action (the "Notice").

WHAT DOES THE SETTLEMENT PROVIDE?

The proposed Settlement will create a cash settlement fund of $29,000,000 (the “Settlement Fund”), plus any interest that may accrue thereon less certain deductions.

The Settlement Fund, subject to deduction for, among other things, costs of class notice and administration and certain taxes and tax-related expenses, as well as attorneys’ fees and expenses, and the amount to Lead Plaintiff in connection with its representation of the Class, as approved by the Court, will be available for distribution to Class Members. Your recovery from this fund will depend on a number of variables, including how many shares of Ophthotech common stock you purchased or acquired, the timing of your purchases, acquisitions and any sales, and how many other Class Members make claims. 

ADDITIONAL INFORMATION

Although the information on this website is intended to assist you, it does not replace the information contained in the Notice and the Stipulation.  We recommend you read the Notice and other relevant case documents carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A PROOF OF CLAIM

The only way to be eligible to receive a payment from the Settlement. Proof of Claim forms must be postmarked or submitted online on or before July 6, 2022.

EXCLUDE YOURSELF 

Get no payment. This is the only option that potentially allows you to ever be part of any other lawsuit against the Defendants or any other Released Persons about the legal claims being resolved by this Settlement. Should you elect to exclude yourself from the Class, you should understand that Defendants and the other Released Defendant Parties will have the right to assert any and all defenses they may have to any claims that you may seek to assert, including, without limitation, the defense that any such claims are untimely under applicable statutes of limitations and statutes of repose. Exclusions must be postmarked on or before August 18, 2022. 

OBJECT 

Write to the Court about why you do not like the Settlement, the Plan of Allocation, and/or the request for attorneys’ fees and expenses. You will still be a Member of the Class. Objections must be received by the Court and counsel on or before August 1, 2022. If you submit a written objection, you may (but do not have to) attend the hearing.

GO TO THE HEARING ON SEPTEMBER 8, 2022

Ask to speak in Court about the fairness of the Settlement. Requests to speak must be received by the Court and counsel on or before August 1, 2022.

DO NOTHING 

Receive no payment.  You will, however, still be a Member of the Class, which means that you give up your right to ever be part of any other lawsuit against the Defendants or any other Released Defendant Parties about the legal claims being resolved by this Settlement and you will be bound by any judgments or orders entered by the Court in the Litigation.

 

IMPORTANT DATES AND DEADLINES

Submit Proof of Claim

July 6, 2022

Request Exclusion

August 18, 2022

Submit Written Objection

August 1, 2022

Submit Notice of Intent to Appear 

August 1, 2022

Settlement Hearing 

September 8, 2022, at 2:00 p.m. EST