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Post by centralcoastinvestor on Aug 25, 2016 15:21:00 GMT -5
From Page 3: Case 2:16-cv-00348-RGK-GJS Document 60 Filed 08/23/16 Page 3 of 8
A former diabetic sales specialist (“Former Employee 1” or “FE1”) who sold Afrezza for Sanofi
in the greater Atlanta, Georgia area until August, 2015 (the very beginning of the class period) reports
that the spirometry issue “was the major impediment to Afrezza prescription sales.” (First Am. Compl. ¶
54, ECF No. 49.) However, FE1 also listed numerous other problems with Afrezza’s commercialization,
including that Sanofi made “little to no effort” to deal with insurance coverage issues, “dedicated few
resources or support to Afrezza sales,” or to “physician outreach,” and “provided its sales force with
limited marketing materials.” (First Am. Compl. ¶ 56, ECF No. 49.) Prior to his departure, a Sanofi
supervisor told FE1 that “Sanofi needed to increase Afrezza sales numbers or it might stop promoting
the drug.” (First Am. Compl. ¶ 56–57, ECF No. 49.)
The bold is my highlighting the comments. This Sanofi employee was only with Sanofi until August 2015. He knew that Sanofi had moved already decided to ditch Afrezza. This is a clear indication of BAD FAITH which I hope that Sanofi eventually pay's big dollars back to MannKind. It would seem that after Sanofi hired their new President Brandicourt in April 2015 that they already had made their decision to bag Afrezza but had to appear they were making a good faith effort. My guess is their board decided in October 29, 2014 when they terminated Chris Viehbacher.
Many on the board noticed at the end of 2014 and then in several other Sanofi calls that they seemed to be devoting less and less attention to Afrezza. Made most of us wonder but we defended Sanofi as just being conservation and waiting to do consumer marketing. This former Sanofi employee knew in August 2015 it was over. That is why we only saw a couple of ad's magazines for Afrezza in August , September and Nov and then it ended. What a slimy bastard company Sanofi is and hopefully they will pay big dollars for their fraud.
This topic was about MannKind winning their class action suit which had nothing to do with the Sanofi issue but it did allow enough discovery to prove out what we have all known a long time that we should have a very strong case against Sanofi in arbitration. Fraud is Fraud and I'm sure that when depositions are taken in the arbitration like the "FE1" employees it will prove out that Sanofi will need to pay up to get away from their mess. I can't begin to tell you how badly I want Sanofi to pay big for their betrayal of Mnkd and Al Mann. It sure can't hurt having a deposition in court records showing that Sanofi was shutting things down in August 2015 even though they hadn't put in a good effort prior to that per what this ex employee testified to. Interesting. |
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Post by peppy on Aug 25, 2016 15:30:20 GMT -5
From Page 3: Case 2:16-cv-00348-RGK-GJS Document 60 Filed 08/23/16 Page 3 of 8
A former diabetic sales specialist (“Former Employee 1” or “FE1”) who sold Afrezza for Sanofi
in the greater Atlanta, Georgia area until August, 2015 (the very beginning of the class period) reports
that the spirometry issue “was the major impediment to Afrezza prescription sales.” (First Am. Compl. ¶
54, ECF No. 49.) However, FE1 also listed numerous other problems with Afrezza’s commercialization,
including that Sanofi made “little to no effort” to deal with insurance coverage issues, “dedicated few
resources or support to Afrezza sales,” or to “physician outreach,” and “provided its sales force with
limited marketing materials.” (First Am. Compl. ¶ 56, ECF No. 49.) Prior to his departure, a Sanofi
supervisor told FE1 that “Sanofi needed to increase Afrezza sales numbers or it might stop promoting
the drug.” (First Am. Compl. ¶ 56–57, ECF No. 49.)
The bold is my highlighting the comments. This Sanofi employee was only with Sanofi until August 2015. He knew that Sanofi had moved already decided to ditch Afrezza. This is a clear indication of BAD FAITH which I hope that Sanofi eventually pay's big dollars back to MannKind. It would seem that after Sanofi hired their new President Brandicourt in April 2015 that they already had made their decision to bag Afrezza but had to appear they were making a good faith effort. My guess is their board decided in October 29, 2014 when they terminated Chris Viehbacher.
Many on the board noticed at the end of 2014 and then in several other Sanofi calls that they seemed to be devoting less and less attention to Afrezza. Made most of us wonder but we defended Sanofi as just being conservation and waiting to do consumer marketing. This former Sanofi employee knew in August 2015 it was over. That is why we only saw a couple of ad's magazines for Afrezza in August , September and Nov and then it ended. What a slimy bastard company Sanofi is and hopefully they will pay big dollars for their fraud.
This topic was about MannKind winning their class action suit which had nothing to do with the Sanofi issue but it did allow enough discovery to prove out what we have all known a long time that we should have a very strong case against Sanofi in arbitration. Fraud is Fraud and I'm sure that when depositions are taken in the arbitration like the "FE1" employees it will prove out that Sanofi will need to pay up to get away from their mess. I see this as no real different than a deposition. At this point it's only one person, but I am sure others will verify. And your description of SNY is spot on. It than could be argued, MNKD has the first deposition against Sanofi to prove Bad Faith that could result in Penalties? Even the litigation protection language Sanofi included in the contract language would be negated in "bad faith" ?
If MNKD did get some evidence of wrong doing at no cost from this litigation, yippee.
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Post by kc on Aug 25, 2016 15:32:33 GMT -5
I see this as no real different than a deposition. At this point it's only one person, but I am sure others will verify. And your description of SNY is spot on. Correct. my reflection is that once arbitration begins and there are many depositions like this one and Sanofi knows their guilt regarding their sandbagging Afrezza that we will hopefully be able to negotiate a good settlement. I heard a local story from a very reliable Afrezza user in my area who told me that his Doctor was told in August / September 2015 that the product had been discontinued. You get 50 to 100 of these affidavits and Sanofi will want to settle with MannKind. I can't see MannKind letting this matter rest without some serious payout by Sanofi. This might take many years before we ever see anything from it. |
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Post by op2778 on Aug 25, 2016 15:36:02 GMT -5
Hello KC how are you. We wrote time to time on Twitter.
I have a question for you: I'm agree with you about SNY poor effort, but I'm wondering: WTF Was doing MNKD BOARD at that time? If i remember Well, they had 1monthly meeting to discuss with SNY about sales and issues and so on.
How is possible MNKD was so blind? I know, probably they cant do nothing, but seriously, none take a step to slap those french?
Op
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Post by kc on Aug 25, 2016 15:37:53 GMT -5
If MNKD did get some evidence of wrong doing at no cost from this litigation, yippee.
Peppy they paid dearly for this evidence. But it is the tip of the iceberg of what information and discovery will be like. This is why The agreement between MannKind and Sanofi was an Arbitration agreement as then the fighting is behind closed doors where this Shareholder class action was in a federal court and anybody like me or you can see the filings and motions thru the court filings unless the document is sealed. |
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Post by dictatorsaurus on Aug 25, 2016 15:39:18 GMT -5
Affected what?? We are 83 glorious cents!
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Post by peppy on Aug 25, 2016 15:40:33 GMT -5
Hello KC how are you. We wrote time to time on Twitter. I have a question for you: I'm agree with you about SNY poor effort, but I'm wondering: WTF Was doing MNKD BOARD at that time? If i remember Well, they had 1monthly meeting to discuss with SNY about sales and issues and so on. How is possible MNKD was so blind? I know, probably they cant do nothing, but seriously, none take a step to slap those french? Op Matt said, they realized, Sanofi effort had gone wrong. Their hands were tied. Hakan did not survive the Sanofi/MNKD board meetings. A no way out betrayal.
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Post by mnkdorbust on Aug 25, 2016 15:40:39 GMT -5
Hello KC how are you. We wrote time to time on Twitter. I have a question for you: I'm agree with you about SNY poor effort, but I'm wondering: WTF Was doing MNKD BOARD at that time? If i remember Well, they had 1monthly meeting to discuss with SNY about sales and issues and so on. How is possible MNKD was so blind? I know, probably they cant do nothing, but seriously, none take a step to slap those french? Op My personal opinion is that they were blowing smoke up MNKD's ass in person while sandbagging them behind their backs. |
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Post by kc on Aug 25, 2016 15:41:11 GMT -5
Hello KC how are you. We wrote time to time on Twitter. I have a question for you: I'm agree with you about SNY poor effort, but I'm wondering: WTF Was doing MNKD BOARD at that time? If i remember Well, they had 1monthly meeting to discuss with SNY about sales and issues and so on. How is possible MNKD was so blind? I know, probably they cant do nothing, but seriously, none take a step to slap those french? Op I don't think they were blind but probably too trusting. Here your have a well known big Pharma who acted like they were doing the right thing. I think that Al Mann discovered this in October 2015 when most of us wondered where the marketing was and the push from Sanofi seemed non-existent. That is when he fired Haken and said I will take on Sanofi myself. (discussed in many threads in Jan 2016). |
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Post by op2778 on Aug 25, 2016 15:45:37 GMT -5
Hello Peppy,
i hope Matt can reivindícate himself and Mr Al memory with a good agreement, but i deeply doubt he has The courage ( i dont want to use another word).
well, My 3 day post are done. LOL.
Op
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Post by op2778 on Aug 25, 2016 15:48:18 GMT -5
Poor Mr Al,
was sick and under that kind of pressure. Can you Imagine that?
hope he will save us from Heaven.
God Bless us.
op
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Post by centralcoastinvestor on Aug 25, 2016 16:04:23 GMT -5
Hello KC how are you. We wrote time to time on Twitter. I have a question for you: I'm agree with you about SNY poor effort, but I'm wondering: WTF Was doing MNKD BOARD at that time? If i remember Well, they had 1monthly meeting to discuss with SNY about sales and issues and so on. How is possible MNKD was so blind? I know, probably they cant do nothing, but seriously, none take a step to slap those french? Op I don't think they were blind but probably too trusting. Here your have a well known big Pharma who acted like they were doing the right thing. I think that Al Mann discovered this in October 2015 when most of us wondered where the marketing was and the push from Sanofi seemed non-existent. That is when he fired Haken and said I will take on Sanofi myself. (discussed in many threads in Jan 2016). It is also possible that Mnkd management did know about the sandbagging and screamed bloody murder during the joint meetings. The contract with Sanofi still had their hands tied. Matt often alluded to having his hands tied with Sanofi. If bad faith can be substantiated then I believe that violates the terms of the contract and arbritration could be set aside and a lawsuit filed. Even if a lawsuit could not be filed until mandatory arbritration were completed. The evidence is overwhelming that Sanofi sandbagged this product and that would result in a favorable arbritration ruling. |
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Post by agedhippie on Aug 25, 2016 16:15:46 GMT -5
I don't think they were blind but probably too trusting. Here your have a well known big Pharma who acted like they were doing the right thing. I think that Al Mann discovered this in October 2015 when most of us wondered where the marketing was and the push from Sanofi seemed non-existent. That is when he fired Haken and said I will take on Sanofi myself. (discussed in many threads in Jan 2016). It is also possible that Mnkd management did know about the sandbagging and screamed bloody murder during the joint meetings. The contract with Sanofi still had their hands tied. Matt often alluded to having his hands tied with Sanofi. If bad faith can be substantiated then I believe that violates the terms of the contract and arbritration could be set aside and a lawsuit filed. Even if a lawsuit could not be filed until mandatory arbritration were completed. The evidence is overwhelming that Sanofi sandbagged this product and that would result in a favorable arbritration ruling. Bad faith does not allow the arbitration to be set aside. Instead it is raised in evidence within the arbitration. There cannot be an ensuing lawsuit either - the arbitration settles all. |
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Post by madog365 on Aug 25, 2016 16:38:50 GMT -5
This only confirms what we already knew, that Sanofi sandbagged Afrezza. They've done it before with Genzyme as well and are still in litigation. www.reuters.com/article/sanofi-genzyme-lawsuit-idUSL1N13433H20151109From the Article: Sanofi promised it would make "diligent efforts" to meet those goals, according to the complaint. Instead, the trustee alleges, it deliberately took a "slow path" to bring Lemtrada to market. The trustee further claims that even after Lemtrada was finally approved in November 2014, Sanofi skimped on marketing it, while actively promoting a different multiple sclerosis drug, Aubagio. As a result, the lawsuit says, Lemtrada has failed to meet any of the sales benchmarks. I believe this is the latest update on the case: apps.americanbar.org/ababoards/blog/blogpost.cfm?catid=14909&threadid=32874Unfortunately i don't think Mannkind has the funds to bring a case like this against Sanofi at this time. |
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Post by cjc04 on Aug 25, 2016 17:28:58 GMT -5
I can't describe how much I would love to watch SNY, these arrogant French MF'ers, slowly lose everything and go out of business, while I am holding PUTS all the way down.
Who ever said they didn't think Matt had what it takes I disagree. I imagine his feeling on this are much stronger than we realize. I believe he had a close relationship with Al, I believe he saw first hand what this did to Al through 2015 and into 2016, and I believe Matt when he talks about doing what he's doing for Al. I'm sure there's a story out there, about the affect SNY had on Al in his last months, and it's talked about in very tight circles. I hope there are enough "important people" In those tight circles who are supporting Matt behind the scenes in order to make this right.
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