Law Firm Probes Adequacy of $374 Per Share Sale in $14.5B Boston Scientific Deal

PENPEN

Kahn Swick & Foti, LLC is probing whether Boston Scientific’s proposed acquisition of Penumbra at $374 per share (or 3.8721 BSX shares) adequately values the company. Following the $14.5 billion deal announcement—funded 73% in cash and 27% in stock at a 19% premium—BTIG downgraded Penumbra from Buy to Neutral.

1. Shareholder Litigation Inquiry Launched

On January 16, 2026, the law firm of Kahn Swick & Foti, LLC, led by former Louisiana Attorney General Charles C. Foti, Jr., announced an investigation into the proposed sale of Penumbra to Boston Scientific. The probe will examine whether the transaction consideration—comprising a fixed cash payment or a pro-rated share exchange—is fair to Penumbra’s investors and whether the merger process adhered to fiduciary standards. Shareholders seeking to learn more or discuss their legal rights can contact KSF’s managing partner Lewis S. Kahn at 855-768-1857 or visit ksfcounsel.com.

2. Credit Analyst Downgrade Following Acquisition Announcement

Shortly after Boston Scientific unveiled its plan to acquire Penumbra in a deal valued at approximately $14.5 billion, BTIG revised its rating on Penumbra from Buy to Neutral. The analyst cited uncertainty over integration risks and the premium implied by the offer—approximately 19% above recent trading levels—as factors tempering near-term upside. Despite the strategic logic of bolstering Boston Scientific’s cardiovascular and neurovascular lineup, the downgrade reflects investor caution around large-scale transactions and potential execution challenges.

3. Transaction Financing and Strategic Rationale

The proposed merger represents Boston Scientific’s largest acquisition in more than 20 years. It calls for financing through roughly 73% cash—sourced from existing reserves and new debt—and 27% equity, with Penumbra holders given the option of either form of consideration. Management teams of both companies have unanimously approved the deal, which is expected to close in mid-2026 pending customary regulatory reviews and Penumbra shareholder approval. The combined entity aims to leverage Penumbra’s thrombectomy and embolization platforms to accelerate growth in high-margin interventional therapies.

Sources

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