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Rite Aid Corporation
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On September 29, 2022, Rite Aid (RAD) disclosed a $252.2 million charge for the impairment of goodwill related to the Company’s Elixir subsidiary. Later on an earnings call, Rite the Company's CFO, Matt Schroeder, explained that the large impairment charge was triggered by a change in Rite Aid’s estimate of lives covered by Elixir for 2023 based on the latest selling season.
On this news, Rite Aid’s stock price dropped 28%, seriously damaging investors.
Earlier in the year, the Company made the following statements and reports:
- In Rite Aid’s Q1 2023 earnings call on June 23, 2022, CEO, Donigan stated concerning the PBM services business that “our strong network contracts, new rebate capabilities, innovative clinical services and expertise in government programs have enabled us to add 80,000 new lives for January 1, 2023 start date. These are more new lives than we sold last year. And additionally, the selling season is still in progress, and we've got close to 1 million lives remaining in the pipeline for January 1, 2023.” On the same call, Elixir’s COO, Chris DuPaul, advised that “we’ve had a pretty strong start to our selling season, particularly on the health plan side. ”
- In a letter to shareholders, dated June 10, 2022, appearing in Rite Aid’s 2022 Notice of Annual Meeting of Stockholders and Proxy Statement, Defendant Donigan stated, “our Elixir account and sales teams are gaining momentum, and we are executing more efficiently by consolidating functions. And the market is noticing—we have added 34,000 individuals covered by Elixir’s PBM services since January 1, 2022, with many more in the pipeline.”
- In Rite Aid’s Q4 2022 earnings call on April 14, 2022, Rite Aid’s President and CEO, Heyward Rutledge Donigan, addressed the growth of Elixir’s PBM services business during the selling season ending January 1, 2023, stating that (i) in the past few months, Elixir had already “sold 35,000 new members” (as against a total of 55,000 new members in the prior year), (ii) Elixir was a finalist for 150,000 additional new members, and “results have shown that once we get to finalist, we’re winning deals 35% of the time,” and (iii) Elixir had “a current pipeline of nearly 1 million members and growing.”
Taking all the facts and statements of the Company's management into account, the shareholders have every reason to suspect that Rite and its Leaders breached fundamental fiduciary duties to them.
Failure to Disclose,
Breach of Fiduciary duty,
Shock Event Date
29 September 2022