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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 15, 2010
QUESTCOR PHARMACEUTICALS, INC.
(Exact Name of Registrant as Specified in Charter)
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California
(State or Other Jurisdiction
of Incorporation)
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001-14758
(Commission File Number)
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33-0476164
(I.R.S. Employer
Identification No.) |
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1300 North Kellogg Drive, Anaheim, California
(Address of Principal Executive Offices)
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92807
(Zip Code) |
Registrants telephone number, including area code: (714) 820-4500
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions (see General Instruction
A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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On October 15, 2010, Questcor Pharmaceuticals, Inc. (the Company) issued a press release
announcing that the U.S. Food and Drug Administration has approved the Companys supplemental new
drug application for H.P. Acthar® Gel (repository corticotropin injection) (Acthar) in the
treatment of infantile spasms (IS), an ultra-rare orphan disorder affecting approximately 2,000
American children annually. IS is a devastating and potentially life-threatening form of epilepsy
seen in infancy and early childhood. Acthar is already widely used by pediatric neurologists to
treat IS based on guidelines published by the American Academy of Neurology and Child Neurology
Society. Many child neurologists, as well as organizations involved in supporting children with IS
and their parents, consider Acthar to be a standard of care in the treatment of IS.
A copy of the press release is filed as Exhibit 99.1 hereto and incorporated by reference
herein.
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Item 9.01. |
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Financial Statements and Exhibits. |
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Exhibit No. |
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Description |
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99.1 |
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Questcor Pharmaceuticals, Inc. press release dated October 15, 2010. |
SIGNATURES
Pursuant to the requirements of the Exchange Act, the registrant has duly caused this report
to be signed on its behalf by the undersigned hereunto duly authorized.
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Date: October 15, 2010 |
QUESTCOR PHARMACEUTICALS, INC.
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By: |
/s/ Don M. Bailey
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Don M. Bailey |
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President and Chief Executive Officer |
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EXHIBIT INDEX
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Exhibit No. |
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Description |
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99.1 |
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Questcor Pharmaceuticals, Inc. press release dated October 15, 2010. |
exv99w1
Exhibit 99.1
FDA APPROVES H.P. ACTHAR® GEL FOR THE TREATMENT OF INFANTILE SPASMS
-Acute MS Relapse Treatment Now Approved for Rare Form of Childhood Epilepsy-
-Modernized Acthar label retains indications for MS exacerbations, nephrotic syndrome, and 15 other medical conditions-
Anaheim, CA October 15, 2010 Questcor Pharmaceuticals, Inc. (NASDAQ: QCOR) today announced
the U.S. Food and Drug Administration (FDA) has approved Questcors supplemental new drug
application (sNDA) for H.P. Acthar® Gel (repository corticotropin injection) in the
treatment of infantile spasms (IS), an ultra-rare orphan disorder affecting approximately 2,000
American children annually. IS is a devastating and potentially life-threatening form of epilepsy
seen in infancy and early childhood.
The approval of Acthar for infantile spasms is an example of Questcors clear focus on helping
patients with serious, difficult-to-treat medical conditions, said Don M. Bailey, president and
CEO of Questcor. Todays approval is an important milestone for babies afflicted with IS, as well
as the doctors, nurses and parents who care for them. The FDA approval of Acthar for IS treatment
provides an opportunity to begin raising awareness among healthcare providers and parents about the
importance of early diagnosis and appropriate treatment of IS. It will also help to ensure rapid
access to Acthar for infants suffering from this devastating condition.
Acthar is already widely used by pediatric neurologists to treat IS based on guidelines published
by the American Academy of Neurology and Child Neurology Society. Many child neurologists, as well
as organizations involved in supporting children with IS and their parents, consider Acthar to be a
standard of care in the treatment of IS.
The Child Neurology Foundation is very pleased that the FDA has approved Acthar as a treatment for
infantile spasms, said Lawrence W. Brown, MD, president of the Child Neurology Foundation,
associate professor of neurology and pediatrics and director of the pediatric neuropsychiatry
program at Childrens Hospital of Philadelphia. This is good news for children with this rare form
of childhood epilepsy, as well as for parents and families. The FDA approval will also help
standardize care for IS by providing specific guidelines for physicians on prescribing Acthar, the
drug that has been the most widely-accepted initial approach for IS for more than 50 years.
In conjunction with approval of the IS indication, and as a result of the FDAs orphan designation
for Acthar in the treatment of IS, the FDA has also granted Acthar a seven-year exclusivity period
during which the FDA is prohibited from approving any other
adrenocorticotropic hormone (ACTH) formulation for IS unless the other formulation is demonstrated
to be clinically superior to Acthar. Also, along with the approval notice the FDA has approved a
new Acthar label and has finalized a medication guide for Acthar in the treatment of IS. Questcor
will provide this guide with each Acthar prescription for IS and assess the guides usefulness and
usage by caregivers of IS patients.
The product label for Acthar has been thoroughly updated and modernized in conjunction with the
review of the sNDA for IS, noted Dr. David Young, Questcors Chief Scientific Officer. In
addition to the new indication for IS, the FDA has included other indications where there is
evidence or scientific rationale for Acthar efficacy. For example, the strategically important
indications for the treatment of acute exacerbations of multiple sclerosis and for inducing the
remission of proteinuria in nephrotic syndrome have remained on the label. The new label also
includes other indications for which the Company believes Acthar may have therapeutic potential,
including systemic lupus erythematosus, polymyositis, optic neuritis and others. Importantly, the
FDA did not require any post-approval commitments from Questcor for any of the indications on the
revamped label beyond those related to the IS medication guide.
FDA approval of the IS indication comes as Questcor is in the process of completing a significant
expansion of its Acthar sales force, which will focus on an increased selling effort in MS and the
launch of the new IS indication. The company plans to begin initial educational and promotional
efforts based on the new IS indication at the annual meeting of the Child Neurology Society next
week in Providence, Rhode Island.
We have essentially completed the previously announced expansion of our Acthar sales force, Steve
Cartt, Questcors Executive Vice President and Chief Business Officer. FDA approval of the new
Acthar label, which includes the MS exacerbation indication, reinforces our competitive position in
the MS exacerbation market. Similarly, the Acthar nephrotic syndrome indication, which remains
unchanged, will enable us to continue our commercialization plans to address this serious,
difficult-to-treat kidney disorder. New data related to the use of Acthar in the treatment of
nephrotic syndrome are expected to be presented at the American Society of Nephrology Annual
Meeting in November 2010.
Acthar was originally approved by the FDA in 1952. Prior to the modernization of the Acthar label
in connection with FDA approval of the sNDA the label included over 50 approved indications. Other
than the indications for MS exacerbations and nephrotic syndrome, Questcor did not expect to
generate any meaningful net sales in the next several years from any of these legacy indications.
The new Acthar label, which will be available in a few days on the Companys website at
www.questcor.com or at www.acthar.com, now includes 19 indications organized under the following
disease states:
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Infantile spasms: H.P. Acthar Gel (repository corticotropin injection) is indicated as
monotherapy for the treatment of infantile spasms in infants and children under 2 years of
age. |
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Multiple Sclerosis: H.P. Acthar Gel (repository corticotropin injection) is indicated
for the treatment of acute exacerbations of multiple sclerosis in adults. Controlled
clinical trials have shown H.P. Acthar Gel to be effective in speeding the resolution of
acute exacerbations of multiple sclerosis. However, there is no evidence that it affects
the ultimate outcome or natural history of the disease. |
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Edematous State: To induce a diuresis or a remission of proteinuria in the nephrotic
syndrome without uremia of the idiopathic type or that due to lupus erythematosus. |
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Rheumatic Disorders: As adjunctive therapy for short-term administration (to tide the
patient over an acute episode or exacerbation) in: Psoriatic arthritis, Rheumatoid
arthritis, including juvenile rheumatoid arthritis (selected cases may require low-dose
maintenance therapy), Ankylosing spondylitis. |
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Collagen Diseases: During an exacerbation or as maintenance therapy in selected cases
of: systemic lupus erythematosus, systemic dermatomyositis (polymyositis). |
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Dermatologic Diseases: Severe erythema multiforme, Stevens-Johnson syndrome. |
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Allergic States: Serum sickness. |
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Ophthalmic Diseases: Severe acute and chronic allergic and inflammatory processes
involving the eye and its adnexa such as: keratitis, iritis, iridocyclitis, diffuse
posterior uveitis and choroiditis; optic neuritis; chorioretinitis; anterior segment
inflammation. |
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Respiratory Diseases: Symptomatic sarcoidosis |
About Infantile Spasms
Infantile spasms is a severe, ultra-rare form of epilepsy that typically begins in infancy. It is
estimated that there are fewer than 2,000 new cases of IS in the United States each year, giving IS
orphan disease designation. Infantile spasms typically occur in the first year of life, often
beginning between three to six months of age. Infantile spasms is characterized by head drops with
associated outstretched arms. (These spasms have also been described as nodding, salaam seizures,
and jackknife seizures.) Often, in the beginning, the attacks are brief, infrequent and not
typical, so it is quite common for the diagnosis to be delayed. Frequently, due to the pattern of
the attacks and the cry that a child gives during or after an attack, the attacks are initially
thought to be due to colic or gastric distress.
About H.P. Acthar Gel®
H.P. Acthar Gel® is a natural adrenocorticotropic hormone (ACTH) designed to provide a
prolonged release after intramuscular or subcutaneous injection. Acthar is currently approved in
the U.S. for the treatment of acute exacerbations of multiple sclerosis, nephrotic syndrome,
infantile spasms (IS) and 15 other diseases and disorders. For more information, please visit
www.acthar.com.
About Questcor
Questcor Pharmaceuticals, Inc. is a biopharmaceutical company with products that help patients with
serious, difficult-to-treat medical conditions. Questcor markets H.P. Acthar® Gel
(repository corticotropin injection), which is approved for the treatment of exacerbations
associated with multiple sclerosis and to induce a diuresis or a remission of proteinuria in the
nephrotic syndrome without uremia of the idiopathic type or that is due to lupus erythamatosus. In
addition, Questcor will market Acthar for the treatment of patients with infantile spasms, a rare
form of refractory childhood epilepsy. Acthar is also approved for 15 other indications. The
Company also markets Doral® (quazepam), which is indicated for the treatment of insomnia
characterized by difficulty in falling asleep, frequent nocturnal awakenings, and/or early morning
awakenings. For more information, please visit www.questcor.com.
Note: Except for the historical information contained herein, this press release contains
forward-looking statements that have been made pursuant to the Private Securities Litigation Reform
Act of 1995. These statements relate to future events or our future financial performance. In some
cases, you can identify forward-looking statements by terminology such as will, plans,
believes, potential, or continue or the negative of such terms and other comparable
terminology. These statements are only predictions. Actual events or results may differ materially.
Factors that could cause or contribute to such differences include, but are not limited to, the
following:
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Questcors ability to continue to successfully implement its Acthar-centric
business strategy, including its expansion in the MS marketplace and other therapeutic
areas; |
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FDA approval of and the market introduction of competitive products; |
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Questcors ability to operate within an industry that is highly regulated at
both the Federal and state level; |
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Regulatory changes or other policy actions by governmental authorities and
other third parties as recently adopted U.S. healthcare reform legislation is implemented; |
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Research and development risks, including risks associated with Questcors
preliminary work in the area of nephrotic syndrome; and |
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Other risks discussed in Questcors annual report on Form 10-K for the year
ended December 31, 2009, its quarterly report on Form 10-Q for the quarter ended March 31,
2010 and other documents filed with the Securities and Exchange Commission. |
The risk factors and other information contained in these documents should be considered in
evaluating Questcors prospects and future financial performance.
Questcor undertakes no obligation to publicly release the result of any revisions to these
forward-looking statements, which may be made to reflect events or circumstances after the date
hereof or to reflect the occurrence of unanticipated events.
For more information, please visit www.questcor.com or www.acthar.com.
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CONTACT INFORMATION: |
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Questcor Pharmaceuticals, Inc. |
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Don Bailey |
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510-400-0776 |
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dbailey@Questcor.com |
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EVC Group |
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Investors
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Media |
Gregory Gin/Doug Sherk
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Janine McCargo |
415-896-6820
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646-528-4034 |