dorb. Steven Kanzer. He was passionate but if they want the drug approved in some form he had to go
On May 28, 2007, Steven H. Kanzer resigned as a member of the Company’s board of directors (the “Board”). Mr. Kanzer was Vice-Chairman of the Board and a member of the audit, compensation and nominating committees of the Board. A copy of Mr. Kanzer’s letter of resignation is filed herewith as Exhibit 99.1.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits.
Exhibit No. Title
99.1 Letter of Resignation dated May 28, 2007.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
DOR BIOPHARMA, INC.
By: /s/ Christopher J. Schaber
Name: Christopher J. Schaber
Title: Chief Executive Officer
Date: May 28, 2007
May 28, 2007
James S. Kuo M.D. MBA
Chris Schaber Ph.D.
Evan Myrianthopoulos
Board of Directors
DOR BioPharma, Inc.
1101 Brickell Avenue
Miami, FL 33131
Dear Fellow Board Members:
As you know, I have voiced my opinion that at the May 9, 2007 meeting of the Oncology Drug Advisory Committee convened by the FDA to consider the efficacy of orBec®, six (6) of the ten (10) committee members participating, including five (5) of the seven (7) committee members voting against orBec®, had in my opinion financial conflicts of interest as defined under the Federal Advisory Committee Act and the regulations thereunder relating to their imputed financial interest in the four investigational products and programs that represent the closest directly competitive products for the unmet medical need that, if approved, orBec® would be intended to treat. Attachments (1)(2)(3). Had all of the committee members having such financial conflicts of interest been appropriately excluded from participating in the meeting, as I believe they should have been, the outcome of the meeting would have been a 2-2 vote, a very different outcome.
As you are also aware, my interest as well as that of the American public in the topic of reducing financial conflicts of interest in FDA advisory committee meetings transgresses that of DOR. This topic was the subject of proposed legislation in the form of Senate Amendment 1034: To reduce financial conflict of interest in FDA Advisory Panels, that was debated and voted upon by the full Senate resulting in 47 Senators voting in favor and 47 Senators voting against on May 9, 2007.
In order that my opinion and interest in this subject not distract from the FDA’s decision as to whether to grant approval to orBec®, I hereby resign from the board of directors effective immediately and request that you file this letter with the Form 8-K disclosing my resignation as soon as practicable together with the attachments hereto as you are so required under Item 5.02(a)(2) of Form 8-K.
It has been a pleasure to serve on this board for these last 11 years. I wish you all the success in gaining approval for this life saving drug so that it may be made available to patients as well as for the future success of the company.
Sincerely,
/s/ Steve H. Kanzer
Steve H. Kanzer, CPA, Esq.
