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

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71. Defendants Wyeth LLC and Wyeth Pharmaceuticals, Inc. are residents ofPennsylvania because their principal places of business are in Pennsylvania.72. This is an action for damages, which exceeds fifty thousand dollars ($50,000).73. Plaintiffs have timely filed this lawsuit within two years of discovering their causeof action as defined and required by Pennsylvania 42 Pa. Cons. Stat. § 5524(2).II.Venue74. Plaintiffs incorporate by reference all of the above paragraphs75. Philadelphia County is the proper forum and venue for these causes of action.Philadelphia County is the epicenter of Reglan/Metoclopramide litigation. The defendants withthe largest roles in this litigation, Teva Pharmaceuticals USA, Inc., and therefore nowDefendants Barr Pharmaceuticals, Inc, Barr Laboratories, Inc., Duramed Pharmaceuticals Inc.,and PLIVA USA, Inc., Wyeth LLC, and Wyeth Pharmaceuticals, Inc., are located just outside ofPhiladelphia. In addition, Defendant Mutual Pharmaceuticals Company, Inc. is located withinPhiladelphia County.The other defendants, defendants’ counsel, corporate witnesses, anddocuments are located in or around Philadelphia County.In fact, Defendants agreed thatPhiladelphia County is a proper forum when they stated that a Philadelphia courtroom would be―not only convenient for all parties, but is a natural center of gravity of the pending litigation‖ 4and ―the most convenient of all forums as the overwhelming majority of defendants have theirprincipal place of business in Pennsylvania.‖ 54 Defendant Teva Pharmaceuticals USA, Inc.’s Memorandum in Response to Plaintiffs’ Motion for Transfer ofActions to the District of Nevada Pursuant to 28 U.S.C. § 1407 for Coordinated or Consolidated PretrialProceedings, 1.5 Wyeth’s Response to Plaintiffs’ Motion for Transfer of Actions to the District of Nevada Pursuant to 28 U.S.C. §1407 for Coordinated or Consolidated Pretrial Proceedings, Sec. IV, B.- 34 -Case ID: 100101997
76. In addition, Philadelphia County Court of Common Pleas is the only county withthe ability to handle, litigate, and resolve the thousands of filed cases. The Philadelphia MassTort Program is one of the premier coordinated dockets in the nation as evidenced by itsresources to handle numerous pharmaceutical litigation dockets in an organized and efficientfashion. No other county in Pennsylvania is better suited to handle such claims.77. Finally, pursuant to Pa. R. C. P. 1006(c), in actions alleging joint and severalliability against two or more defendants, venue is proper if it is proper as to any of thedefendants. In this case, Plaintiffs allege joint and several liability on more than two defendants.Philadelphia County is the proper venue for a number of these defendants. Therefore, venue isproper on all defendants.IV.Allegations of Fact78. Plaintiffs incorporate by reference all of the above paragraphs.A. Reglan/Metoclopramide Background79. Reglan is a prescription drug classified as a pro-motility agent and dopamineantagonist.Generic metoclopramide and metoclopramide are designations that refer tobioequivalent generic versions or copies of the drug otherwise known by its brand name Reglan.Metoclopramide is a designation that may refer to any or all versions of the drug, name brand orgeneric, or to the drug substance that is the sole active ingredient in the drug. The drug productsreferred to as Reglan and generic metoclopramide are manufactured and sold as tablets(5mg/10mg), as an oral solution, and in an injectable form.80. Reglan/metoclopramide affects the movement center of a user’s brain. The effecttypically causes involuntary, repetitive movements.- 35 -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 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: packaging and/or advertising the ph
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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