Pestell claims Nader dragged his feet on TNBC
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Posted On: 11/04/2019 1:40:30 AM
Pestell claims Nader dragged his feet on TNBC
from Pestell's amended filing:
148. Dr. Pestell and his team worked tirelessly to prepare the TNBC trial, such that it
was ready to start accruing patients within 9 months. In the words of Dr. Massimo Cristofanilli,
Case 1:19-cv-01563-RGA Document 15 Filed 09/27/19 Page 31 of 49 PageID #: 200
{00209306} 32
the principal investigator of the TNBC trial, being ready to accrue patients “just 9 months” after
initiating the trial, was “a remarkable achievement in Oncology!”
149. The only thing preventing the acceptance of patients at that point was that the
CEO had not yet signed the required contract with Northwestern University (“Northwestern”).
150. The CEO had received multiple requests from Northwestern in June 2019 to sign
the contract needed to commence the trial and begin accruing patients. During June and early
July 2019, shareholders were also inquiring about the status of the TNBC trial and whether it
was ready to move forward.
151. The CEO, in his July 1 Email, represented to the Board that Dr. Pestell had failed
to “work with the CEO to expedite the TNBC trial,” ignored the CEO’s “constant request”
relating to the trial, and been uncooperative with regard to the trial. These representations – used
to support the CEO’s request to terminate Dr. Pestell’s employment – were false. In reality, Dr.
Pestell and his team had completed all necessary preparations for the commencement of the
TNBC trial at that point, and the only thing preventing it from moving forward was that the CEO
had yet to sign the contract with Northwestern.
152. The CEO signed the contract with Northwestern on July 8, 2019.
153. Nonetheless, when asked during a July 30, 2019 earnings call when the contract
with Northwestern had been signed, the CEO answered that it had been signed “many months
ago.”
from Pestell's amended filing:
148. Dr. Pestell and his team worked tirelessly to prepare the TNBC trial, such that it
was ready to start accruing patients within 9 months. In the words of Dr. Massimo Cristofanilli,
Case 1:19-cv-01563-RGA Document 15 Filed 09/27/19 Page 31 of 49 PageID #: 200
{00209306} 32
the principal investigator of the TNBC trial, being ready to accrue patients “just 9 months” after
initiating the trial, was “a remarkable achievement in Oncology!”
149. The only thing preventing the acceptance of patients at that point was that the
CEO had not yet signed the required contract with Northwestern University (“Northwestern”).
150. The CEO had received multiple requests from Northwestern in June 2019 to sign
the contract needed to commence the trial and begin accruing patients. During June and early
July 2019, shareholders were also inquiring about the status of the TNBC trial and whether it
was ready to move forward.
151. The CEO, in his July 1 Email, represented to the Board that Dr. Pestell had failed
to “work with the CEO to expedite the TNBC trial,” ignored the CEO’s “constant request
relating to the trial, and been uncooperative with regard to the trial. These representations – used
to support the CEO’s request to terminate Dr. Pestell’s employment – were false. In reality, Dr.
Pestell and his team had completed all necessary preparations for the commencement of the
TNBC trial at that point, and the only thing preventing it from moving forward was that the CEO
had yet to sign the contract with Northwestern.
152. The CEO signed the contract with Northwestern on July 8, 2019.
153. Nonetheless, when asked during a July 30, 2019 earnings call when the contract
with Northwestern had been signed, the CEO answered that it had been signed “many months
ago.”
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