Sean, I am struggling from my phone to upload Dr

New Post Public Reply Private Reply Replies (6) Message Board
CTMedic sean007 #106787
1,441
Sean,

I am struggling from my phone to upload Dr Recknor’s statement in support of the Cytodyn suit against Amarex.

With my mistake this morning in mind, here is the text from Dr Recknor’s statement:

“Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 1 of 9
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
CYTODYN, INC. ) )
Plaintiff,
) Civil Action No. 21-2533
) v. ) ) ) AMAREX CLINICAL RESEARCH, LLC, ) and NSF INTERNATIONAL, INC. ) ) ) Defendants. )
DECLARATION OF DR. CHRISTOPHER P. RECKNOR, M.D. IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
I, Dr. Christopher P. Recknor, M.D., declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the following is true and correct:
1. I am the Chief Operating Officer of CytoDyn, Inc. I was previously the Vice President of Clinical Research at CytoDyn, and have extensive knowledge of CytoDyn’s research and development activities and its relationship with Amarex Clinical Research, LLC.
2. In both roles, I have overseen CytoDyn’s development of leronlimab—a potentially lifesaving drug with application to multiple diseases, including HIV, cancer, liver disease and COVID-19.
3. CytoDyn is a biotech company focused on the clinical development of leronlimab, an investigational drug being studied as a treatment for HIV, cancer, COVID-19, and other serious diseases.
1

Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 2 of 9
4. In order to seek FDA approval for leronlimab, CytoDyn has sponsored 22 clinical trials, where the drug is being tested for safety and efficacy.
5. There are currently five trials in which patients are receiving leronlimab: three studies of HIV with 67 patients receiving the drug in all, and one study of non-alcoholic steatohepatitis (NASH, a liver condition) with 25 patients receiving the drug.
6. CytoDyn engaged Amarex to manage the clinical trials of leronlimab, as its contract research organization (CRO).
7. CROs are clinical research specialists with extensive experience conducting clinical trials and complex medical testing and navigating the FDA regulatory process.
8. Amarex and CytoDyn have each signed over 70 project work orders obligating Amarex to conduct clinical trial management on all but two of CytoDyn’s studies.
9. In addition to the Project Work Orders, the parties also signed a Monitoring Plan for each study.
10. The Monitoring Plans expressly required Amarex to conduct safety and other monitoring for the clinical trials.
11. One of the main things Amarex did for each clinical trial was maintain CytoDyn’s data.
12. The dynamic data used and collected in a clinical trial is maintained, by a process of collection and ongoing quality control, in a database known as the “electronic data capture” or the “EDC.”
13. This EDC database includes all data collected on patients enrolled in the studies.
2

Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 3 of 9
14. In the HIV studies for example, the data includes patient demographics, medical history, vital signs, electrocardiogram data, biochemistry, coagulation tests, urinalysis, adverse events, concomitant medications, treatment data, survival follow-up, and death information.
15. The EDC database has significant patient safety implications.
16. The EDC database is used to track adverse events and ensure proper adverse event
reporting to the FDA.
17. The change log, or audit trail, for data entered into or modified in the EDC database is an integral component of the clinical data, without which CytoDyn cannot submit certain of the data in support of applications to the FDA.
18. The EDC database is also the means by which the sponsor—CytoDyn—can verify that the study is being conducted in accordance with the study protocol, including that study participants are included or excluded properly, and that data entry is being performed correctly at the trial sites.
19. Pursuant to work orders under the MSA, Amarex programmed and maintained, at CytoDyn’s expense, the EDC for each study.
20. Amarex has failed to provide CytoDyn with requested information for work it claims it has performed.
21. One of the ways CytoDyn has confirmed that Amarex is not performing under the MSA and the Work Orders is by downloading a snapshot of the clinical data for certain clinical trials managed by Amarex.
22. This snapshot is incomplete: it does not include the definitions of the EDC fields (i.e., the database’s “column headings”), the audit trails showing each time the data has been modified, the auto-generated “data queries” that are essential to cleaning and maintaining the
3

26.
27. to the data 28.
study data, 29.
back.
30. of the data 31. 32.
CytoDyn stands ready to take on responsibility for monitoring the ongoing trials.
In order to manage the ongoing clinical trials, however, CytoDyn needs full access from the clinical trials, including the EDC database.
CytoDyn has repeatedly requested that Amarex give it access to its own EDCs and but Amarex has refused.
CytoDyn cannot wait until the resolution of the arbitration to get its EDCs and data
Every day that Amarex holds the data hostage, patients are at risk and the integrity is compromised.
The EDC database is required to monitor the safety of the clinical studies.
Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 4 of 9
clinical data, or many other of the essential components of the clinical data that can only be obtained through full access to the EDC.
23. The snapshot was not provided by Amarex, but obtained through CytoDyn’s limited access to the EDCs for certain clinical trials. Even this limited access has now been cut off by Amarex, making it impossible for CytoDyn to obtain additional snapshots.
24. It is impossible for CytoDyn to monitor the ongoing trials or to submit applications to the FDA based on the data contained in the snapshots.
25. However, these limited snapshots are enough for CytoDyn to confirm that the clinical data for multiple studies is in disarray, and has not been maintained by Amarex as the parties’ agreements require.
The EDC database is used to track adverse events and ensure proper adverse event reporting to the FDA.
4

Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 5 of 9
33. The EDC database is also the means by which the sponsor—CytoDyn—can verify that the study is being conducted in accordance with the study protocol, including that study participants are included or excluded from the study based on the correct criteria, and that data entry is being performed correctly at the trial sites.
34. The EDC for each trial is built to conform to the data requirements of the study protocol.
35. Pursuant to work orders under the MSA, Amarex programmed and maintained, at CytoDyn’s expense, the EDC for each study.
36. On August 2, 2021, and again on August 3, 2021, CytoDyn demanded that Amarex make its facilities available (for a virtual or in person) audit under the MSA.
37. CytoDyn believed this audit was necessary to determine what else Amarex was failing to do and to protect the integrity of its clinical trial programs.
38. On August 9, 2021, Amarex refused to consent to the audit. Amarex refused to cooperate, first citing Covid-19 restrictions and then—when the auditor made clear that the audit could be conducted safely and in accordance with Covid-safe protocols—pointing to CytoDyn’s alleged nonpayment.
39. Amarex has no right to such data, which it possesses only by virtue of its contractual relationship with CytoDyn.
40. CytoDyn is not asking Amarex to turn over “the results of data analysis” of any kind. Rather, CytoDyn is only asking for Amarex to turn over CytoDyn’s EDCs and data.
41. Amarex has refused—and continues to refuse—to return CytoDyn’s proprietary EDCs and data despite CytoDyn’s repeated requests.
42. Cooperating with an audit is not a “service” under the MSA and Work Orders. 5

Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 6 of 9
43. CytoDyn has repeatedly attempted to exercise its audit rights under the MSA, while Amarex has repeatedly refused.
44. CytoDyn is the rightful owner of the clinical data, including the EDCs themselves.
45. CytoDyn has revoked its permission for Amarex to possess the clinical data and the EDCs, but Amarex has nevertheless refused to return them to CytoDyn.
46. Amarex is also retaining CytoDyns’s property longer than CytoDyn, as its rightful possessor, permits.
47. CytoDyn is entitled to rightful possession of its EDCs, clinical data, and Client Materials as defined by Section 5.2 of the MSA
48. Amarex’s plan to discontinue medical and safety monitoring of CytoDyn’s trials without turning over CytoDyn’s EDCs and data will cause immediate and irreparable harm to CytoDyn.
49. Without the EDCs and data, CytoDyn cannot take over management and safety monitoring for the studies before the deadlines imposed by Amarex..
50. This means that the studies will experience a gap in monitoring and may not be useable for FDA approval.
51. This will cause irreparable harm to both CytoDyn and its patients.
52. The dozens of patients in CytoDyn’s clinical trials today will be put at risk by
Amarex’s actions.
53. CytoDyn will either have to immediately stop the trials, so that the patients will lose access to the drug, or the trials will continue without the necessary management and monitoring that CytoDyn cannot provide without full access to the EDCs and clinical data.
6

Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 7 of 9
54. CytoDyn merely requests that Amarex comply with its contractual obligation to turn over the EDCs and data.
55. There is no burden on Amarex to provide CytoDyn with access to its EDCs and data.
56. Amarex simply must provide CytoDyn with a username and password to access OpenClinica, the web-based software that contains the EDCs and data.
57. If there is some administrative cost associated with providing CytoDyn access to its EDCs and data (such as a fee to create a new administrative user account, or a hosting fee for maintaining storage of the data), CytoDyn is willing to pay that necessary administrative cost, as contemplated by the MSA.
58. Amarex’s unlawful retention of CytoDyn’s EDCs and data places patients receiving CytoDyn’s experimental treatments at risk, and potentially compromises ongoing research and treatments.
59. Across the nation, patients with life threatening diseases have been, and are being, treated with leronlimab.
60. Without full access to its EDCs and data, CytoDyn cannot ensure that trial sites are able to timely communicate any significant adverse safety event for proper reporting to the FDA. The delays and lack of audit trail associated with implementing a new system for adverse event reporting will put patients at risk and interfere with CytoDyn’s ability to comply with FDA regulations.
61. Under FDA regulations, “significant adverse events”—i.e., serious symptoms that may be side effects of the trial drug—must be reported to the trial monitor within 24 hours.
62. Trial sites put the information about adverse events into the EDC database. 7

Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 8 of 9
63. The CRO or Sponsor then reviews that information to report it to the FDA.
64. Without access to the EDC database, CytoDyn will be limited in its ability to see
or identify any adverse event information that is reported by doctors, and reporting will have to be moved to unfamiliar channels, such as email or fax, that will introduce additional risk of errors.
65. If adverse events are not tracked in an EDC, CytoDyn will lose the capability to readily identify trends and correlations in the adverse event data, which could suggest safety issues with the drug.
66. This means adverse event reports to the FDA could be delayed or not identified.
67. This is why it is crucial that Amarex provide CytoDyn with the EDC database so
that it can properly monitor the studies.
68. The EDC database is also necessary for CytoDyn to ensure that the study protocols are being followed.
69. A study sponsor—either itself or through a CRO—must monitor the clinical trial for compliance.
70. The EDC is used to monitor compliance: for example, if a patient begins taking a concomitant medication that may interfere with the trial, that patient may need to be excluded from the study.
71. In an emergency situation, it may even be necessary to “unblind” a study participant to determine whether the participant has received leronlimab or a placebo.
72. This can be critically important because doctors may treat a medical emergency differently depending on whether it could be caused by the investigational drug.
73. But without access to the EDC and a related software system called WebView, which Amarex is also shutting down,, CytoDyn cannot unblind study participants and cannot track
8

their progress through the study, which may be necessary to see whether the participant reported symptoms or had vital sign variations that may assist doctors in responding to the medical emergency.
74. The 67 HIV patients currently receiving leronlimab in CytoDyn’s clinical trials have limited or no other treatment options.
75. 24 of the HIV patients are enrolled in CytoDyn’s trials specifically because their HIV is “treatment-resistant,” meaning it has developed a resistance to up to three known classes of treatments for HIV.
76. To withdraw leronlimab from these patients now—in the middle of the study, before the treatment’s safety and efficacy can be properly assessed—would cause an avoidable loss of all the effort and investment, by both CytoDyn and the patients, in the studies to date.
77. To the extent leronlimab may be ameliorating the patients’ symptoms or even extending their lives, early termination is an avoidable tragedy.
Dated: Oct. 4, 2021 _____________________________ Dr. Christopher P. Recknor, M.D.
272732608
9
- 2?J
Case 8:21-cv-02533-GLS Document 6-3 Filed 10/04/21 Page 9 of 9

CytoDyn Inc (CYDY) Stock Research Links

CYDY Board Company Profile Buy Rating Time & Sales News Filings Financials
Scroll down for more posts ▼

Top 10 Most Recent News Articles

Agroz's Big Leap: New Supply Deal in Malaysia

Updated Category News Views 3

Agroz Inc. Executes a Game-Changing Deal If anyone thought the ag tech players were sitting idle, think again. Agroz Inc., noted for their innovative controlled-environment agriculture, just inked a pivotal deal with Harvest Hive in Malaysia. It's not just a nod to expansion—it's a strategic leap into the big leagues. Picture this: Harvest Hive's sprawling 500-acre farm...

Continue Reading
Aflac's $200M Milestone in Cancer Charity Support

Updated Category News Views 1

Pioneering Efforts Across Decades Here’s an effort that bucks the usual corporate talk. Aflac, the supplemental insurance giant, isn’t just mumbling about its mission; it's doing the heavy lifting in the fight against childhood cancer and blood disorders. With over $200 million in contributions poured into the cause over more than 30 years, they're putting the capital...

Continue Reading
RevSystems Joins Elite OpenAI Partner Network

Updated Category News Views 1

RevSystems Inks Deal with OpenAI Partner Network In the latest shuffle of the AI advisory deck, RevSystems just found itself elbowing into the exclusive OpenAI Partner Network. Based out of New York, RevSystems has carved a niche by spinning tech wizardry into tangible business results. Their new status as an OpenAI Select Partner puts them on a playing field where AI...

Continue Reading
Health Net's $2M Boost for Stanislaus Affordable Housing

Updated Category News Views 1

Joining the Fight Against California’s Housing Crisis Well, I'll be the first to say it's a breath of fresh air when a healthcare beast like Health Net starts investing in something as critical as affordable housing. This is no drop in the bucket—two million dollars is quite the commitment to fix some of the mess that’s been brewing in Stanislaus County, California....

Continue Reading
Hair Syrup's Big U.S. Leap: Target Welcomes Viral Brand

Updated Category News Views 2

From Kitchen Experiment to U.S. Debut Here's a story that barely fits the tight mold of your typical business textbook. Hair Syrup, born from the brain of a university student tinkering at her kitchen table, is about to make waves across the pond. Lucie Macleod did what many dream of—she took a DIY hair oil project and spun it into a multimillion-dollar brand, now set...

Continue Reading
Sacrifice Unending: 9/11's Lingering Health Toll

Updated Category News Views 1

The Unseen Toll of 9/11 on the Firefighter Community Two and a half decades since that fateful morning of September 11, 2001, we're staring at a grim reality. The heroic souls of the New York City Fire Department (FDNY)—those who ran toward peril when others ran away—are still paying the price. Incredibly, more than 400 FDNY members have succumbed to World Trade...

Continue Reading
WNET's 25th Anniversary 9/11 Tribute: Stories and Lessons

Updated Category News Views 2

Reflecting on a Dark Day with WNET's Programming Nothing quite hits you like the anniversary of a colossal tragedy. The memories of September 11, 2001, remain etched in the urban landscape of New York City, and this year marks 25 years since that heart-wrenching day. The WNET Group steps up to the plate with a comprehensive slate of programming aimed at honoring the...

Continue Reading
Cove Capital Secures $9.96M for Debt-Free Logistics DST

Updated Category News Views 1

Unpacking Cove Capital's Latest Victory Cove Capital Investments has pulled off another coup, raising a hefty $9,964,510 for its Cove Essential Net Lease Industrial 108 DST. It's a Regulation D, Rule 506(c) offering, now fully subscribed, spotlighting a debt-free investment ethos and a rock-solid logistics site in Anchorage, Alaska. Strategic Facility Anchoring Investment...

Continue Reading
Are FULC, WEAV, TECH Shareholders Getting a Raw Deal?

Updated Category News Views 2

Pocketing Insider Gains Amidst Shareholder Concerns Let me tell you, it smells like another day in the financial jungle where insiders might be feasting while the regular Joe shareholders are left nibbling on crumbs. Fulcrum Therapeutics, Weave Communications, and Bio-Techne are in the crosshairs for deals that may favor those on the inside track over you and me, the...

Continue Reading
EFSI Shareholders on Alert Amid M&A Deal Scrutiny

Updated Category News Views 3

Eagle Financial Services Under the Microscope A buzz is picking up in the world of mergers and acquisitions, and this time, it's Eagle Financial Services, Inc. (NASDAQ: EFSI) caught in the crosshairs. What's the chatter all about? Well, it looks like Juan Monteverde and his crew over at Monteverde & Associates PC have set their sights on Eagle's proposed sale to John...

Continue Reading
>

Top 5 Most Recently Viewed Articles

Opportunity for FCX Investors to Engage in Lawsuit Actions

Updated Category News Views 184

Exciting Opportunity for FCX Investors Investors of Freeport-McMoRan Inc. (NYSE: FCX) have a unique opportunity to engage in a class action lawsuit initiated by a dedicated firm, known for their expertise in investor rights. This lawsuit addresses securities fraud concerning Freeport-McMoRan's operations. Understanding the specifics of this opportunity can shed light on...

Continue Reading
Join the Exciting Lunar New Year Celebration in Chinatown

Updated Category News Views 287

Celebrities and Events to Celebrate Lunar New Year As Lunar New Year approaches, the Chinatown Storytelling Centre invites everyone to partake in a month-long celebration that promises an unforgettable cultural experience and delicious culinary delights. This event, called "Taste of Chinatown!", welcomes all community members to come and support local businesses while...

Continue Reading
Marti Technologies Innovates Ride-Hailing with Subscription Fees

Updated Category News Views 96

Marti Technologies Monetizes Its Unique Ride-Hailing App Marti Technologies, Inc. (MRT) is making significant waves in the urban mobility landscape in Türkiye by implementing a new monetization strategy for its ride-hailing service. Known for being the leading urban mobility app in the region, Marti is introducing subscription packages for drivers to gain access to a...

Continue Reading
LifeWallet's New Antitrust Settlement Boosts Revenue Potential

Updated Category News Views 87

LifeWallet Announces New Pharmaceutical Antitrust Settlement LifeWallet, officially known as MSP Recovery, Inc. (NASDAQ: LIFW), has announced a new pharmaceutical antitrust settlement totaling $3.1 million. The Company is focused on forming agreements with health plans, property and casualty insurers, attorneys, and healthcare providers, including complex hospital...

Continue Reading
Vox Royalty Completes $55 Million Financing and Acquisitions

Updated Category News Views 127

Vox Royalty Announces Successful Financing and Acquisition Vox Royalty Corp. (TSX: VOXR) (NASDAQ: VOXR) is thrilled to report the successful closure of its previously announced underwritten public offering, raising a total of approximately $63.25 million. This capital was realized by issuing over 17 million common shares at a price of $3.70 each. The offering was...

Continue Reading