Third Amended Master Long Form Complaint - Dispute Resolution ...

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Paco Pharmaceutical Services, Inc., n/k/aWest Pharmaceutical Services, Inc.101 Gordon DriveLionville, PA 19341Schering Corporation2000 Galloping Hill Rd.Kenilworth, NJ 07033-1310Ranbaxy Pharmaceuticals, Inc.600 College Road East, Suite 2100Princeton, NJ 08540 USAIvax Pharmaceuticals, Inc.4400 Biscayne BoulevardMiami, FL 33137-3212Goldline Laboratories, Inc., Individuallyand d/b/aIVAX Pharmaceuticals,Inc.4400 Biscayne BoulevardMiami, FL 33137-3212Bristol Myers Squibb Co., Individually andd/b/a Apothecon, Inc.345 Park AveNew York, NY 10154Apothecon, Inc.P.O. Box 4500Princeton, NJ 08543Invamed Inc.2400 Route 130 NorthDayton, NJ 08810King Pharmaceuticals Inc., Individuallyand d/b/a Alpharma Inc., f/k/a A.L.Pharma Inc. and a/k/a Alpharma-BarreNational501 Fifth StreetBristol, TN 37620- 10 -Case ID: 100101997
Richmond Pharmaceuticals, Inc.3510 Mayland Ct.Richmond, VA 23233John Doe DefendantsDefendants.PLAINTIFFS’ THIRD AMENDED MASTER LONG FORM COMPLAINT1. Plaintiffs, by the undersigned counsel, hereby submit this Third Amended MasterLong Form Complaint against the above named Defendants (hereinafter named ―Brand NameDefendants‖ and ―Generic Defendants‖) for equitable relief, monetary restitution, and/orcompensatory and punitive damages. Plaintiffs make the following allegations based upon theirpersonal knowledge, and upon information and belief, as well as upon their attorneys’investigative efforts, regarding the drug product Reglan and its generic equivalent,metoclopramide.2. This Third Amended Master Long Form Complaint is submitted pursuant to CaseManagement Order No. 1 of this Reglan/Metoclopramide Litigation Mass Tort Program, to serveonly the administrative functions of efficiency and economy of presenting certain commonclaims and common questions of fact and law for consideration by this Court in the context ofthis proceeding.This Third Amended Master Long Form Complaint does not necessarilyinclude all claims asserted in all of the actions that have been transferred to this Court, nor is itintended to consolidate for any purposes the separate claims of the Plaintiffs herein. Thosematters are set forth in the individual actions filed by each of the respective Plaintiffs. This ThirdAmended Master Long Form Complaint does not constitute a waiver or dismissal of any actions- 11 -Case ID: 100101997
Page 1 and 2: IN RE ::COURT OF COMMON PLEASPHILAD
Page 4: Sears Tower - Suite 5500Chicago, IL
Page 7 and 8: 4 Penn Center, Suite 8001600 John F
Page 9: Northstar Rx LLC4971 Southridge Blv
Page 13 and 14: Jersey 07940. Defendant regularly c
Page 15 and 16: 12. Defendant Baxter Healthcare Cor
Page 17 and 18: with process via The Hague Conventi
Page 19 and 20: Pharmaceuticals USA, Inc. on Decemb
Page 21 and 22: Case Management Order No. 1, Defend
Page 23 and 24: 34. Defendant Watson Laboratories,
Page 25 and 26: through its registered agent for se
Page 27 and 28: 47. Defendant VistaPharm, Inc. is a
Page 29 and 30: labeling, and design of metoclopram
Page 31 and 32: metoclopramide not yet known by Pla
Page 33 and 34: packaging and/or advertising the ph
Page 35 and 36: 76. In addition, Philadelphia Count
Page 37 and 38: 87. The ―indications‖ (recommen
Page 39 and 40: e satisfied that the proposed label
Page 41 and 42: prescribed by physicians, most of w
Page 43 and 44: exercise of reasonable care should
Page 45 and 46: 113. Since 1985, GENERIC DEFENDANTS
Page 47 and 48: e. independently monitor the sales
Page 49 and 50: disfigurement, disability, pain and
Page 51 and 52: care industry and consumers, includ
Page 53 and 54: associated with the ordinary, expec
Page 55 and 56: 146. The Reglan and/or generic meto
Page 57 and 58: 158. Each of the DRUG COMPANY DEFEN
Page 59 and 60: 22. They failed to implement proper
Page 61 and 62:
166. As lawful consumers of Reglan
Page 63 and 64:
duration of use - confirming they w
Page 65 and 66:
involuntary movements, aggravation
Page 67 and 68:
DEFENDANTS professed to Plaintiffs
Page 69 and 70:
COUNT VIII - UNFAIR AND DECEPTIVE T
Page 71 and 72:
loss: the difference between the pr
Page 73 and 74:
214. BRAND NAME DEFENDANTS knew, or
Page 75 and 76:
217. Alternatively or in addition,
Page 77 and 78:
224. In addition, DRUG COMPANY DEFE
Page 79 and 80:
237. The representatives of Deceden
Page 81 and 82:
248. Plaintiffs also allege that th
Page 83 and 84:
d) They continued to promote the sa
Page 85:
(G)Such other relief as is deemed j
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