down 15 percent today ..... 10c
.....a former employee, Michael Morello has filed a derivative complaint in the Duval County - Fourth Judicial Circuit Court in Florida, purportedly as a shareholder on behalf of the Company and its subsidiary, Next Science LLC, alleging breaches of fiduciary duties and mismanagement against several employees.
Mr Morello was VP, Wound Care Sales at Next Science LLC until December 2023. In May 2024, Next Science LLC commenced litigation against Mr Morello and several former employees for breach of post-employment restraints.
Mr Morello’s complaint makes several claims including that Next Science’s XBIO
TM technology has not been approved by the FDA as a biofilm eradication process and that the Company did
not take adequate measures to address safety concerns about the use of its surgical solution XPERIENCE
TM in breast implant procedures.
The Company confirms that the products it sells are safe, effective, approved by the FDA and promoted within their FDA approved intended use. The Board is concerned that the Complaint has not been brought in good faith due to the fact that Mr Morello has sought to tie the derivative complaint to the Non-Compete Action. However, the Company is following recommended practice in undertaking an independent investigation into the matters alleged.
Next Science has, in consultation with its insurers, engaged US attorneys in relation to both proceedings and the Company and Next Science LLC will continue to pursue the Non-Compete Action against Mr Morello and several former employees for the breach of post-employment restraints.