or claims asserted in those individual actions, nor do any Plaintiffs relinquish the right to add orassert or seek leave to add or assert any additional claims or predicates for claims dependingupon further information that they may uncover.I. The Parties3. Plaintiffs are individuals, or the duly authorized representatives of individualsand/or the estates of deceased individuals who, at all times relevant to the allegations in thecomplaint, resided in the United States of America. Primary Plaintiffs bring these civil actionsfor equitable relief, monetary restitution, and/or compensatory and punitive damages for injuriesand/or wrongful deaths suffered as a direct result of their ingestion of Reglan and/ormetoclopramide. In addition, Secondary Plaintiffs assert derivative claims including, but notlimited to, loss of consortium and survivorship. Not all claims asserted in this <strong>Third</strong> <strong>Amended</strong><strong>Master</strong> <strong>Long</strong> <strong>Form</strong> <strong>Complaint</strong> will necessarily be held by, nor asserted by, all Plaintiffs, and notall claims in this <strong>Third</strong> <strong>Amended</strong> <strong>Master</strong> <strong>Long</strong> <strong>Form</strong> <strong>Complaint</strong> are asserted by each Plaintiffagainst every Defendant.4. Defendant Wyeth, LLC is a Delaware corporation with a principal place ofbusiness at 5 Giralda Farms, Madison, New Jersey 07940.Defendant regularly conductsbusiness in Philadelphia County, Pennsylvania. Defendant was involved in the research, testingmanufacture, distribution, marketing, promotion, sale, labeling, and design of Reglan detailedbelow. Pursuant to Case Management Order No. 1, Defendant may be served with process byregistered mail, return receipt requested, upon: The Corporation Trust Company, 820 BearTavern Road, West Trenton, NJ 08628.5. Defendant Wyeth Pharmaceuticals Inc., Individually and d/b/a ESI Lederle, Inc. isa Delaware corporation with a principal place of business at 5 Giralda Farms, Madison, New- 12 -Case ID: 100101997
Jersey 07940. Defendant regularly conducts business in Philadelphia County, Pennsylvania.Defendant was involved in the research, testing, manufacture, distribution, marketing,promotion, sale, labeling, and design of Reglan detailed below. Pursuant to Case ManagementOrder No. 1, Defendant may be served with process by registered mail, return receipt requested,upon: The Corporation Trust Company, 820 Bear Tavern Road, West Trenton, NJ 08628.6. Defendant Wyeth Holdings Corporation, Individually and d/b/a ESI Lederle, Incis a Maine corporation with a principal place of business at 5 Giralda Farms, Madison, NewJersey 07940. Defendant regularly conducts business in Philadelphia County, Pennsylvania.Defendant may be served with process at 5 Giralda Farms, Madison, New Jersey 07940.7. Defendant Pfizer, Inc. is a Delaware corporation with a principal place of businessin New York City, New York. Defendant regularly conducts business in Philadelphia County,Pennsylvania.In October 2009, Defendant acquired Defendants Wyeth, LLC and WyethPharmaceuticals, Inc. and therefore acquired Defendants’ tort liabilities. Defendant may beserved with process by and through its agent for service: C T Corporation System, 116 Pine St.,Suite 320, Harrisburg, PA 17101.8. Defendant Schwarz Pharma, Inc. is a Delaware corporation with a principal placeof business in Georgia.Defendant regularly conducts business in Philadelphia County,Pennsylvania.Defendant was involved in the research, testing, manufacture, distribution,marketing, promotion, sale, labeling, and design of Reglan detailed below. Pursuant to CaseManagement Order No. 1, Defendant may be served with process by registered mail, returnreceipt requested, upon: Henninger S. Bullock, Esquire, MAYER BROWN LLP, 1675Broadway, New York, NY 10019.- 13 -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 and 10: Northstar Rx LLC4971 Southridge Blv
- Page 11: Richmond Pharmaceuticals, Inc.3510
- 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
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duration of use - confirming they w
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involuntary movements, aggravation
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DEFENDANTS professed to Plaintiffs
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COUNT VIII - UNFAIR AND DECEPTIVE T
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loss: the difference between the pr
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214. BRAND NAME DEFENDANTS knew, or
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217. Alternatively or in addition,
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224. In addition, DRUG COMPANY DEFE
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237. The representatives of Deceden
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248. Plaintiffs also allege that th
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d) They continued to promote the sa
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(G)Such other relief as is deemed j