Robbins LLP Files Class Action Against Capricor Therapeutics Over Alleged Misleading FDA Approval Claims

Law firm Robbins LLP has filed a securities class action lawsuit against Capricor Therapeutics, Inc. (NASDAQ: CAPR), alleging the biotech company misled investors about its chances of winning FDA approval for Deramiocel, a drug designed to treat heart and muscle damage in patients with Duchenne muscular dystrophy. Business Wire reported the lawsuit was announced on July 31, 2026.
The FDA delivered a blow to Capricor in July 2025, issuing a Complete Response Letter — a formal rejection — saying the drug application did not meet the legal standard for proof that it works. The news sent Capricor's stock price crashing by $12.70 per share, wiping out significant investor value overnight.
The lawsuit's core claim is that Capricor made upbeat public statements about Deramiocel's clinical trial results and FDA approval prospects. At the same time, according to AP News, the company allegedly failed to tell investors about key changes made to the pre-specified statistical analysis plan (SAP) — the rulebook used to measure whether the drug actually worked in trials.
A statistical analysis plan matters because it sets the rules before trial results come in. Changing those rules after the fact can make a drug look more effective than it really is. Investors, the lawsuit argues, had no idea these changes had been made when they bought Capricor stock.
In July 2025, the FDA sent Capricor a Complete Response Letter for its Biologics License Application (BLA) for Deramiocel. The agency said the application did not show substantial evidence that the drug works — the legal threshold required for approval. The FDA also asked for additional clinical data before it would reconsider, according to AP News.
The rejection hit Capricor's stock hard. Shares fell $12.70 in a single day. For investors who bought stock during the period when the company was making optimistic claims, those losses could form the basis of legal claims in the class action.
Robbins LLP, a San Diego-based firm that specializes in shareholder lawsuits, is leading the case. Business Wire reported the firm is now inviting investors who lost money during the class period to come forward. Affected shareholders may have the right to seek appointment as lead plaintiff — the investor who formally represents the group in court.
Being named lead plaintiff gives an investor more control over how the case is run. There is typically a strict deadline to apply, often 60 days from the first public notice of the lawsuit. Investors who suffered losses should act quickly and consult a lawyer about their options.
Deramiocel is Capricor's lead drug candidate for Duchenne muscular dystrophy (DMD), a rare and fatal genetic disease that breaks down muscle over time, including the heart. There are very few treatments available for DMD patients, making any new drug candidate closely watched by both patients and investors, according to AP News.
The FDA rejection does not end Deramiocel's story entirely. The agency asked for more clinical data, leaving open a path to resubmission. But any new trial would take years and cost millions — a major setback for a small biotech company like Capricor that depends heavily on this single drug's success.
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