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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
 
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): September 24, 2007
QUESTCOR PHARMACEUTICALS, INC.
(Exact Name of Registrant as Specified in Charter)
         
California
(State or Other Jurisdiction
of Incorporation)
  001-14758
(Commission File Number)
  33-0476164
(I.R.S. Employer
Identification No.)
     
3260 Whipple Road Union City, California
(Address of Principal Executive Offices)
  94587
(Zip Code)
Registrant’s telephone number, including area code: (510) 400-0700
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o     Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o     Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 


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Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
Item 7.01. Regulation FD Disclosure.
Item 9.01. Financial Statements and Exhibits.
SIGNATURE
EXHIBIT 99.1


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Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
     On September 24, 2007, the Board of Directors of Questcor Pharmaceuticals, Inc. (the “Company”), elected Robert J. Rubin, M.D., as a director of the Company. Dr. Rubin will serve on the Board of Directors for a term to run until the next election of directors by the Company’s shareholders.
     Dr. Rubin is currently a Clinical Professor of Medicine at Georgetown University’s School of Medicine, a position he has held since 1995. In addition, Dr. Rubin is a practicing nephrologist and serves as a consultant to several large international healthcare companies. Dr. Rubin served as president of The Lewin Group, Inc., and its predecessor organizations, from 1987 to 2001. Dr. Rubin served as Assistant Secretary, U.S. Department of Health and Human Services concurrent with his appointment as Assistant Surgeon General from 1981 to 1984.
     The Company continues to actively interview candidates to join its Board of Directors.
Item 7.01. Regulation FD Disclosure.
     On September 26, 2007, the Company issued a press release announcing the election of Dr. Rubin as a director of the Company, a copy of which is attached hereto as Exhibit 99.1 and is incorporated herein by this reference.
     The foregoing information is furnished pursuant to Item 7.01 and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.
Item 9.01. Financial Statements and Exhibits.
     (d) Exhibits.
         
Exhibit No.   Exhibit Description
  99.1    
Questcor Pharmaceuticals, Inc. Press Release, dated September 26, 2007.

 


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SIGNATURE
     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
Date: September 27, 2007  QUESTCOR PHARMACEUTICALS, INC.
 
 
  By:   /s/ George Stuart    
    George Stuart   
    Senior Vice President, Finance, and
Chief Financial Officer 
 
 

 


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EXHIBIT INDEX
         
Exhibit No.   Exhibit Description
       
 
99.1      
Press release issued by Questcor Pharmaceuticals, Inc., dated as of September 26, 2007.

 

exv99w1
 

Exhibit 99.1
(QUESTCOR LOGO)
NEWS RELEASE
QUESTCOR APPOINTS ROBERT J. RUBIN, M.D. TO BOARD OF DIRECTORS
Union City, CA — September 26, 2007 — Questcor Pharmaceuticals, Inc. (AMEX:QSC) announced today that Robert J. Rubin, M.D. has been appointed to its Board of Directors. Dr. Rubin’s distinguished career has included significant contributions in the fields of medicine, government, and business. Currently, he is Clinical Professor of Medicine at Georgetown University’s School of Medicine, a position he has held since 1995. He is also a practicing nephrologist and serves as a consultant to several large international healthcare companies. Among his positions in government, Dr. Rubin served as Assistant Secretary, U.S. Department of Health and Human Services concurrent with his appointment as Assistant Surgeon General from 1981 to 1984. Among his positions in business, Dr. Rubin served as president of the leading healthcare consulting firm The Lewin Group, Inc., and its predecessor organizations, from 1987 to 2001.
“Dr. Rubin brings to Questcor significant medical and business expertise, particularly in the rare disease market segment. We look forward to the value Dr. Rubin will add as we implement our new strategy,” commented Virgil Thompson, Questcor’s Chairman of the Board.
Throughout his career, Dr. Rubin has published extensively and served on numerous boards. Dr. Rubin currently serves as Chair of the Research Council of the Institute for Health Technology Studies and Chair-Elect of the Association for Weight Management and Obesity Prevention. Dr. Rubin earned his medical degree from Cornell University Medical College.
About Questcor
Questcor Pharmaceuticals, Inc.â (AMEX:QSC) is a specialty pharmaceutical company that develops and commercializes therapeutics for the treatment of neurological disorders. Questcor’s products include H.P. Actharâ Gel (repository corticotropin injection) and Doralâ (quazepam), which is indicated for the treatment of insomnia, characterized by difficulty in falling asleep, frequent nocturnal awakenings, and/or early morning awakenings. For more information, please visit www.questcor.com.
Note: Except for the historical information contained herein, this press release contains forward-looking statements that involve risks and uncertainties. Such statements are subject to certain factors, which may cause Questcor’s results to differ from those reported herein. Factors that may cause such differences include, but are not limited to, Questcor’s ability to continue to successfully implement a new strategy for Acthar,

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Questcor’s ability to identify and hire a permanent Chief Executive Officer, Questcor’s ability to accurately forecast the demand for its products, the gross margin achieved from the sale of its products, Questcor’s ability to enforce its product returns policy, the accuracy of the prescription data purchased from independent third parties by Questcor, the sell-through by Questcor’s distributors, the inventories carried by Questcor’s distributors, and the expenses and other cash needs for upcoming periods, Questcor’s ability to obtain finished goods from its sole source contract manufacturers on a timely basis if at all, Questcor’s potential future need for additional funding, Questcor’s ability to utilize its net operating loss carry forwards to reduce income taxes on the sale of its non-core products, research and development risks, uncertainties regarding Questcor’s intellectual property and the uncertainty of receiving required regulatory approvals in a timely way, or at all, other research, development, and regulatory risks, and the ability of Questcor to acquire products and, if acquired, to market them successfully and find marketing partners where appropriate, as well as the risks discussed in Questcor’s annual report on Form 10-K for the year ended December 31, 2006 and other documents filed with the Securities and Exchange Commission. The risk factors and other information contained in these documents should be considered in evaluating Questcor’s prospects and future financial performance.
Questcor undertakes no obligation to publicly release the result of any revisions to these forward-looking statements, which may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
CONTACT: Questcor Pharmaceuticals, Inc.
Don Bailey or Steve Cartt, 510-400-0700
IR2@Questcor.com

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