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

prescribed by physicians, most of whom did not fully understand the risks associated with thedrug.104. The defendants failed to adequately inform physicians and misled physiciansabout the risks associated with their metoclopramide drug products, despite the fact that theyknew that the medical community in general, physicians, pharmacists, Plaintiffs, and otherssimilarly situated relied on them to disclose and communicate to doctors what they knew andwhat experts in the use and effects of the drug would know from a prudent review of theinformation that they possessed or were reasonably able to obtain.105. Because of the misleading and inaccurate information that defendantsdisseminated to physicians, and because of the failure of the DRUG COMPANYDEFENDANTS generally to adequately and effectively inform physicians, the medicalcommunity or the FDA about the true risks associated with the use of Reglan and genericmetoclopramide, Plaintiffs’ physicians did not know or appreciate fully the risks of side effectsassociated with the use, particularly with the long term use, of the drug.D. Knowledge - Actual and Constructive106. The DRUG COMPANY DEFENDANTS knew or, through the exercise ofreasonable care, should have known that the labeling for Reglan and generic metoclopramidesubstantially understated the frequency of acute and long term side effects of the drug. Theyfailed to use reasonable care to ascertain or communicate to physicians or to the publicinformation that would constitute adequate and effective warnings to physicians or to the publicabout the true risks of long term, pediatric, and/or short term use of the drug.107. Defendants Wyeth (including the A. H. Robins Company, Inc., both before andafter December 1989), Schwarz and Alaven possessed actual knowledge, from on or about 1979- 41 -Case ID: 100101997