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

exercise of reasonable care should have known, that many patients who use Reglan or genericmetoclopramide products are not able to effectively metabolize metoclopramide and that as aforeseeable consequence of their inability to effectively metabolize it, those patients have agreater risk of developing serious and permanent injuries.109. The DRUG COMPANY DEFENDANTS were aware that their individual andcollective failure to communicate to the medical community and physicians information knownto them about the risks of long term and other metoclopramide therapy would be likely to resultin serious injury to patients who received the drug in accordance with prescriptions issued byphysicians who were unaware of this information. By failing to communicate this information tothe medical community or the FDA, the DRUG COMPANY DEFENDANTS acted in willfuland wanton disregard of the rights of persons in the Plaintiffs’ class, and this conduct causedserious injury to the Plaintiffs.110. As a manufacturer of prescription drug products, specifically Reglan and/orgeneric metoclopramide, each of the DRUG COMPANY DEFENDANTS has a duty toadequately communicate warnings to physicians and the medical community (or to patients whocould be expected to take the drug) and to exercise due care to conduct safety surveillance for thedrug and otherwise ensure that the warnings they are required to disseminate about the drug areaccurate and adequate, and that these warnings are effectively communicated to physicians,pharmacists, and patients using the drug.111. Each of the DRUG COMPANY DEFENDANTS breached its duty to ensure thatadequate warnings were provided to the medical community, Plaintiffs’ physicians, Plaintiffs,and/or other foreseeable metoclopramide users similarly situated, in that they failed to:- 43 -Case ID: 100101997