You are back to your position that Missling lied in announcing all endpoints met in the 2b/3 trial. I won't say good luck with that, but believe what you want.
As we know, there exists the possibility (we can disagree on its likelihood) of a successful Phase 3 trial not leading directly to an accepted NDA; your position notwithstanding, this circumstance would not support a successful lawsuit against the company. Further, a nuisance settlement would not represent a successful outcome for plaintiffs.
Your general litigation statistic is useful only to the point where more specific information, as here, is available. (One such piece of information, not previously mentioned, is Missling's refusal to compromise when shorts took a run at him in 2015.)
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