Biohaven Class Action Lawsuit: A Complete and Instructive Investor Guide on the Pros and Cons of Opting Out of a Securities Class Action [2025]

Allegations in the Biohaven Class Action Lawsuit

Biohaven is a biopharmaceutical company that discovers, develops, and commercializes therapies for immunology, neuroscience, and oncology.  According to the complaint, Biohaven is developing, among other product candidates, troriluzole for the treatment of spinocerebellar ataxia (“SCA”), among other indications, as well as BHV-7000 for the treatment of bipolar disorder, among other indications.

The Biohaven class action lawsuit alleges that defendants throughout the Class Period made false and/or misleading statements and/or failed to disclose that:

• Troriluzole’s regulatory prospects as a treatment for SCA, and/or the sufficiency of data that Biohaven submitted in support of troriluzole’s regulatory approval for this indication, were overstated;
• BHV-7000’s efficacy and clinical prospects as a treatment for bipolar disorder were likewise overstated; and
• all the above, once revealed, was likely to have a significant negative impact on Biohaven’s business and financial condition.

The Biohaven class action lawsuit further alleges that on July 27, 2023, Biohaven disclosed that the U.S. Food and Drug Administration (“FDA”) had rejected its troriluzole New Drug Application (“NDA”), refusing even to review the application because Biohaven’s Phase 3 SCA trial had failed to meet its primary endpoint.  On this news, the price of Biohaven stock fell nearly 23%.

Then, on March 3, 2025, the Biohaven class action lawsuit further alleges that Biohaven disclosed that recent data from a late-stage study of BHV-7000 in bipolar mania “did not statistically separate from the comparator on the Young Mania Rating Scale primary outcome measure.”  On this news, the price of Biohaven stock nearly 14%, according to the complaint

Thereafter, on April 25, 2025, multiple news reports emerged that, according to the European Medicines Agency, Biohaven had withdrawn its troriluzole Marketing Authorization Application in late March 2025, the Biohaven class action lawsuit further alleges.  On this news, the price of Biohaven stock fell more than 15%, according to the complaint.

Finally, the complaint further alleges that on May 14, 2025, Biohaven “accounced that the Division of Neurology 1 within FDA’s Office of Neuroscience informed Biohaven that they are extending the [Prescription Drug User Fee Act (‘PDUFA’)] date for the troriluzole . . . NDA for the treatment of . . . SCA by three months to provide time for a full review of Biohaven’s recent submissions related to information requests from the FDA.”

According to the Biohaven class action lawsuit, Biohaven further announced that “[t]he Division also informed Biohaven that it is currently planning to hold an advisory committee meeting to discuss the application, but no date has been scheduled.”  On this news, the price of Biohaven stock fell more than 19%, according to the complaint.

The Class Action Mechanism

Class action lawsuits allow a group of investors to collectively pursue legal action against a defendant, making it easier for individuals to seek justice without the burden of filing separate lawsuits. This mechanism is particularly beneficial in securities fraud cases, where individual claims may be too costly or complex to pursue independently.

Benefits of Joining the Class Action

1. Collective Strength: By joining forces, investors can leverage their collective resources and experiences to build a stronger case against Fiserv.
2. Cost-Effective: Class actions typically reduce legal costs for individual investors, as expenses are shared among all members of the class.
3. Legal Expertise: Class action lawsuits are often led by experienced attorneys who practive in securities law, increasing the likelihood of a favorable outcome.

Drawbacks of Joining the Class Action

1. Limited Control: Investors who join a class action may have limited say in legal strategies and decisions made by the lead plaintiff and attorneys.
2. Potentially Lower Compensation: While class actions can lead to compensation, individual investors may receive a smaller share of the settlement compared to what they might achieve through a separate lawsuit.
3. Time-Consuming Process: Class action lawsuits can take years to resolve, which may delay compensation for affected investors.

The Decision to Opt-Out

Opting out of the RxSight Class Action Lawsuit allows investors to pursue their claims independently. This decision can have significant implications, both positive and negative.

Advantages of Opting Out

1. Greater Control: Investors who opt out can dictate their legal strategy, choose their attorney, and make decisions that align with their specific circumstances.
2. Potential for Higher Compensation: By pursuing an individual claim, investors may be able to negotiate a larger settlement or judgment, particularly if their losses are substantial.
3. Tailored Legal Approach: Opting out allows investors to focus on their unique experiences and losses, potentially leading to a more personalized legal strategy.

Disadvantages of Opting Out

1. Increased Costs: Individual lawsuits can be expensive, as investors must bear all legal fees and costs associated with their claims.
2. Resource Limitations: Individual investors may lack the resources and expertise to effectively pursue a case against a corporation like RxSight, which may have significant legal and financial backing.
3. Risk of Losing: Opting out means that investors are solely responsible for their claims. If they lose, they may not receive any compensation for their losses.

Factors to Consider Before Making a Decision

Before deciding whether to opt out of the Biohaven class action lawsuit, investors should carefully evaluate several factors.

Financial Impact

Investors should assess the extent of their financial losses and consider whether pursuing an individual claim is worth the potential costs involved. A thorough analysis of the potential compensation versus legal expenses is crucial.

Legal Representation

The choice of legal representation can significantly influence the outcome of a case. Investors should seek attorneys with experience in securities law and a proven track record in similar cases. This expertise can be invaluable in navigating the complexities of individual claims.

Time Commitment

Pursuing an individual lawsuit may require a significant time investment. Investors should consider their willingness and ability to engage in a lengthy legal process, which may involve extensive documentation and court appearances.

The Role of Legal Counsel

Engaging legal counsel is essential for investors considering their options in the Biohaven class action lawsuit. Attorneys can provide valuable insights into the merits of individual claims versus joining the class action.

Finding the Right Attorney

When selecting an attorney, investors should look for:

• Experience in Securities Law: An attorney with a background in securities litigation will be better equipped to handle the complexities of the case.
• Reputation: Researching an attorney’s reputation and past successes can help investors make an informed choice.
• Communication Skills: Effective communication is vital for understanding the legal process and staying informed about case developments.

Legal Fees and Costs

Investors should discuss legal fees upfront with potential attorneys. Understanding the fee structure, whether it’s a contingency fee or hourly rate, is crucial for budgeting and financial planning.

Staying Informed Throughout the Process

Regardless of the decision to join the class action or opt out, staying informed about the Biohaven class action lawsuit is essential for all investors.

Monitoring Case Developments

Investors should actively monitor updates related to the lawsuit, including court rulings, settlement negotiations, and any changes in the legal landscape. This information can significantly impact their decisions and strategies.

Engaging with Legal Counsel

Maintaining open lines of communication with legal counsel is vital for understanding the implications of case developments. Regular updates from attorneys can help investors assess their options and make informed decisions.

Conclusion

The decision to opt out of the Biohaven class action lawsuit is a significant one that requires careful consideration of the potential benefits and drawbacks. While joining the class action offers collective strength and reduced costs, opting out provides greater control and the possibility of higher compensation. Ultimately, investors must weigh their individual circumstances, financial impact, and legal options to make the best choice for their situation.

By staying informed and seeking expert legal counsel, investors can navigate the complexities of the Biohaven class action lawsuit and advocate for their rights effectively. Whether participating in the class action or pursuing an individual claim, understanding the legal landscape is crucial for achieving a favorable outcome.