Investor Suit Against BioScrip Board Over Drug Kickbacks Tossed

A BioScrip Inc. shareholder can’t sue the company’s directors over a kickback scheme involving Novartis Pharmaceuticals Corp.’s Exjade drug, Delaware’s highest court said.

The Delaware Supreme Court, in a brief Nov. 27 opinion, agreed the case should be dismissed because the shareholder failed to ask the board to sue before it filed its own complaint ( Park Emps. and Ret. Board Emps. Annuity and Benefit Fund of Chicago v. Smith , Del., No. 198, 2017, 11/27/17 ).

The Park Employees’ and Retirement Board Employees’ Annuity and Benefit Fund of Chicago sued certain BioScrip board members in May 2015, saying they ...