Pharma AG, UCB Pharma GmbH, Alaven Pharmaceutical LLC, Baxter Healthcare Corporation,Wockhardt USA, and Morton Grove Pharmaceuticals, Inc manufacture and/or sell, or in the pasthave manufactured and sold, a certain prescription drug product known as Reglan. Thesedefendants may be referred to collectively, from time to time, as NAME BRANDDEFENDANTS.16. Defendant Teva Pharmaceuticals USA, Inc., Individually and d/b/a IVAXPharmaceuticals, is a Delaware corporation with a principal place of business in Pennsylvania.Defendant regularly conducts business in Philadelphia County, Pennsylvania. Defendant is asubsidiary or division of Teva Pharmaceutical Industries, Ltd., a corporation organized, existingand doing business under and by virtue of the laws of Israel, headquartered in Petach Tikvah,Israel. Defendant was involved in the research, testing, manufacture, distribution, marketing,promotion, sale, labeling, and design of metoclopramide detailed below. Pursuant to CaseManagement Order No. 1, Defendant may be served with process by registered mail, returnreceipt requested, upon: Ms. Jennifer Fuller-Ricciardi, Teva Pharmaceuticals USA, Inc., 425Privet Road, P.O. Box 1005, Horsham, PA 19044.17. Defendant Teva Pharmaceutical Industries, Ltd. is a foreign corporation with itsprincipal place of business in Israel. Defendant Teva Pharmaceutical Industries, Ltd. is theparent company of Defendant Teva Pharmaceuticals USA, Inc. and therefore liable for any andall tort liabilities of Defendant Teva Pharmaceuticals USA, Inc.In addition, Defendant TevaPharmaceutical Industries, Ltd. was involved in the research, testing, manufacture, distribution,marketing, promotion, sale, labeling, and design of metoclopramide detailed below. Defendantregularly conducts business in Philadelphia County, Pennsylvania. Defendant may be served- 16 -Case ID: 100101997
with process via The Hague Convention by serving Israel’s Central Authority at: The Director ofCourts, Directorate of Courts, 22 Kanfei Nesharin St., Jerusalem 95464, P.O.B. 34142, Israel18. Defendant PLIVA, Inc., Individually and f/k/a Sidmak Laboratories, Inc.,(hereinafter referred to as Pliva, Inc.), is a New York corporation with a principal place ofbusiness in New Jersey. Defendant is a subsidiary or division of PLIVA d.d., a corporationorganized, existing and doing business under and by virtue of the laws of the Republic ofCroatia, headquartered in Zagreb, Croatia.PLIVA d.d., is a wholly owned subsidiary ofDefendant Barr Pharmaceuticals, Inc. as a result of Barr’s acquisition of Pliva in 2006. BecauseBarr Pharmaceuticals, Inc. was later acquired by Teva Pharmaceuticals USA, Inc., Pliva, Inc. isnow a wholly owned subsidiary of Teva Pharmaceuticals USA, Inc.Defendant regularlyconducts business in Philadelphia County, Pennsylvania.Defendant was involved in theresearch, testing, manufacture, distribution, marketing, promotion, sale, labeling, and design ofmetoclopramide. Pursuant to Case Management Order No. 1, Defendant may be served withprocess by registered mail, return receipt requested, upon: Ms. Jennifer Fuller-Ricciardi, TevaPharmaceuticals USA, Inc., 425 Privet Road, P.O. Box 1005, Horsham, PA 19044.19. Defendant PLIVA d.d. is a foreign corporation with its principal place of businessin Croatia. Defendant PLIVA d.d. is the parent company of Defendant PLIVA, Inc. andtherefore liable for any and all tort liabilities of Defendant PLIVA, Inc. In addition, DefendantPLIVA d.d.was involved in the research, testing, manufacture, distribution, marketing,promotion, sale, labeling, and design of metoclopramide detailed below. Defendant regularlyconducts business in Philadelphia County, Pennsylvania. Defendant may be served with processvia The Hague Convention by serving Croatia’s Central Authority at: Ministry of Justice of theRepublic of Croatia, Dezmanova 6 I 10, Croatia.- 17 -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 and 12: Richmond Pharmaceuticals, Inc.3510
- Page 13 and 14: Jersey 07940. Defendant regularly c
- Page 15: 12. Defendant Baxter Healthcare Cor
- 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
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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
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