An anonymous director reports
$250 MILLION LAWSUIT FILED AGAINST ASCELLAHEALTH BY NYMOX ACCEPTED AND
SUMMONS ISSUED IN CALIFORNIA COURT
The California Superior Court, Orange County (OCSC), accepted on
Nov. 18, 2023, Nymox Pharmaceutical Corp.'s lawsuit against AscellaHealth LLC and issued a summons to be served on
Ascella. The lawsuit is styled Nymox Pharmaceutical Corp. vs. AscellaHealth LLC., case No. 30-
2023-01362136-CU-BT-CJ. Nymox filed its lawsuit in California Superior Court, Orange County, on
Nov. 8, 2023, to protect its shareholders' interests as Nymox alleges that AscellaHealth engaged in unlawful means in repeated attempts to gain control of Nymox for its own
advantage at what would have been at the expense of Nymox's shareholders.
The lawsuit contends the following:
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Ascella's conduct included using connections with (now former) Nymox corporate officers and
directors, including its general counsel, to pass off an investment proposal as a way to gain
access to highly confidential and proprietary company information and to take control of the
company's assets by a kick-back scheme.
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After this scheme was uncovered and thwarted, Ascella has continued relentlessly in its attempts
to interfere with Nymox's relationship with its shareholders, including publishing confidential
Nymox information using a front organization called Committee to Restore Nymox Shareholder
Value and undertaking a failed attempt to organize a sham shareholder meeting to take control
of Nymox.
Ascella presumably thought that Nymox would submit to or collapse under these co-ordinated assaults on
its business, allowing Ascella to reap the years of Nymox's efforts to take its pipeline drugs, including
Nymozarfex, to market.
Ascella did not count on the resiliency of Nymox's management and board, the loyalty of its shareholders
and other stakeholders, and the strength of the justice system in both the United States and the Bahamas.
Nymox is confident that it will be vindicated in court. Nymox has not been deterred from its core business
mission of bringing life-changing drugs to market and looks forward to continued success notwithstanding
the bad acts of Ascella. The company will be seeking $250-million in compensatory and punitive damages.
About Nymox Pharmaceutical Corp.
Nymox is in the process of submitting applications for the approval to market the company's first-in-class
drug, Nymozarfex, to treat the symptoms of benign prostatic hyperplasia (BPH). BPH is one of
the most common conditions affecting middle-aged and elderly men throughout the world. BPH can be
devastating to men who suffer from the condition. Current treatments are associated with numerous
intolerable side effects, including sexual problems, such as impotence and retrograde ejaculation.
Medications for BPH have been associated with prostate cancer, depression, gynecomastia and other
adverse effects. The majority of men stop taking the available medications due to these and other
problems. Surgery is often needed for advanced BPH. Surgery is usually effective, but it is not without
risks and the discomforts of surgery, and BPH surgery has side effects such as permanent retrograde
ejaculation for many patients.
Nymox recently reported 10-year follow-up new data on all available patients from its U.S. clinical trial of
Nymozarfex for the treatment of low-grade localized prostate cancer. The available long-term
data newly assessed and confirmed that all available data shows that the Nymozarfex treatment had
important and statistically significant benefit for reducing the long-term progression of these prostate
cancers.
About Nymozarfex (fexapotide)
Nymozarfex is given in an in-office procedure that is administered in a few minutes without need
of anesthesia or analgesia. The drug has been tested in clinical trials involving over all more than 1,750
patients, with over 1,600 injections administered, including over 1,200 Nymozarfex administrations.
Nymozarfex has led to significant long-term improvements and has shown an excellent safety
profile without the side effects normally associated with existing BPH treatments.
We seek Safe Harbor.
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