They wouldn't be the plaintiff if they know they have no case...In fact, if they were desperate they'd do exactly what they did...cancel, come up with an excuse, then refuse to pay. I'm not trying to be critical of your investment in HGEN. You can do whatever you want. But, if you actually look at this situation and forget for a moment that you might be invested in HGEN or CDMO...what seems more plausible based on the behaviors? Have you ever sued anybody when you had no case? - Rarely Do people who are strapped for cash stop paying bills? - Often If you were desperate and you thought you had a case, wouldn't YOU be the one to sue to recoup what you thought was yours? - Yes, most likely. But then you look at this and the only thing HGEN did was the "desperate" action.
Fail is maybe too strong a word, but in a world where the FDA was scrambling to approve all kinds of therapies, this didn't pass the test. And now, we are in a place where COVID, though still persistent, has a multitude of other therapies and a much lower severity, at least with current variants. To me, it feels like HGEN missed its window. But again, more telling is that the bar actually should have been pretty low for Emergency Use Approval, and they didn't get it. So what I contend is that even if approved, the demand won't be nearly what they once thought.
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