NEW YORK, June 27, 2022 /PRNewswire/ -- Pomerantz LLP announces that a class action lawsuit has been filed against Oscar Health, Inc. ("Oscar" or the "Company") (NYSE: OSCR) and certain of its officers. The class action, filed in the United States District Court for the Southern District of New York, and docketed under 22-cv-04103, is on behalf of a class consisting of all persons and entities other than Defendants that purchased or otherwise acquired Oscar Class A common stock pursuant and/or traceable to the registration statement and prospectus (collectively, the "Registration Statement") issued in connection with the Company's March 2021 initial public offering ("IPO" or the "Offering"). Plaintiff pursues claims against under the Securities Act of 1933 (the "Securities Act").
If you are a shareholder who purchased or otherwise acquired Oscar Class A common stock, pursuant and/or traceable to the company's IPO, you have until July 11, 2022 to ask the Court to appoint you as Lead Plaintiff for the class. A copy of the Complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Robert S. Willoughby at email@example.com or 888.476.6529 (or 888.4-POMLAW), toll-free, Ext. 7980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and the number of shares purchased.
Oscar is a health insurance company that claims to be the first such company "built around a full stack technology platform" which will "allow [Oscar] to continue to innovate like a technology company and not a traditional insurer."
On March 4, 2021, the Company filed its prospectus on Form 424B4 with the Securities and Exchange Commission, which forms part of the Registration Statement. In the IPO, the Company sold 36,391,946 shares of Class A common stock at a price of $39.00 per share. The Company received net proceeds of approximately $1.3 billion from the Offering. The proceeds from the IPO were purportedly to be used to repay in full outstanding borrowings, including fees and expenses, under Oscar's Term Loan Facility ($167 million), and the remainder proceeds were to be used for general corporate purposes.
The complaint alleges that, the Registration Statement was materially false and misleading and omitted to state: (1) that Oscar was experiencing growing COVID-19 testing and treatment costs; (2) that Oscar was experiencing growing net COVID costs; (3) that Oscar would be negatively impacted by an unfavorable prior year Risk Adjustment Data Validation ("RADV") result relating to 2019 and 2020; (4) that Oscar was on track to be negatively impacted by significant Special Enrollment Period ("SEP") membership growth; and (5) that, as a result of the foregoing, Defendants' positive statements about the Company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis.
On August 12, 2021, Oscar disclosed that the Company's Medical Loss Ratio ("MLR") for the second quarter of 2021 was 82.4%, an increase of 2170 basis points year-over year. The Company claimed that "[t]he MLR increased to 82.4% in 2Q21 from 60.7% in 2Q20, primarily driven by meaningfully lower utilization in 2Q20 as a result of COVID-19, as well as higher COVID-19 testing and treatment costs and a return to more normalized utilization in 2Q21." The Company also disclosed that its net loss for the quarter was $73.1 million, an increase of $32.1 million year-over-year.
On November 10, 2021, Oscar disclosed that its third quarter 2021 MLR increased 920 basis points year-over-year, to 99.7%. The Company claimed that the MLR increase was "primarily driven by higher net COVID costs as compared to the net benefit in 3Q20, an unfavorable prior year Risk Adjustment Data Validation (RADV) result, and the impact of significant SEP membership growth." The Company also disclosed that its net loss for the quarter was $212.7 million, an increase of $133.6 million year-over-year.
During a conference call held the same day, Scott Blackley, the Company's Chief Financial Officer, stated: "We recognized approximately $20 million of risk adjustment expense this quarter related to our risk adjustment data validation audit or RADV results. The RADV exercise is atypical this year due to COVID. It spans two years, 2019 and 2020. The majority of the RADV headwinds relate to the 2019 audit results, which were recently completed."
On this news, Oscar's share price fell $4.05 per share, or 24.5%, to close at 12.47 per share on November 11, 2021.
By the commencement of this action, Oscar stock has traded as low as $5.47 per share, a nearly 86% decline from the $39.00 per share IPO price.
Pomerantz LLP, with offices in New York, Chicago, Los Angeles, Paris, and Tel Aviv, is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, Pomerantz pioneered the field of securities class actions. Today, more than 85 years later, Pomerantz continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. See www.pomlaw.com
Robert S. Willoughby
888-476-6529 ext. 7980
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SOURCE Pomerantz LLP