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

1. Defendants, failed to communicate to doctors,pharmacists or to their patients adequate warnings oradequate clinically relevant information and data thatwould alert them to the dangerous risks of Reglanand/or metoclopramide including, among other things,EPS and involuntary movements;2. After they knew or should have known of thesignificant risks of, among other things, involuntarymovements, the DRUG COMPANY DEFENDANTSfailed to provide adequate post-marketing warnings andinstructions;3. BRAND NAME DEFENDANTS failed to timely andproperly correct misstatements and misrepresentationsin the label, failed to update the label and failed toensure that the true risk of EPS were accurately statedin the label, and failed to properly emphasize andreinforce the warnings about the duration of use of thedrug.4. GENERIC DEFENDANTS failed to effectively andadequately communicate the warnings in the label tophysicians and patients, to ensure that both were awareof the risk of EPS and to ensure that both were aware ofthe limitations regarding the duration of use of the drug.5. BRAND NAME DEFENDANTS continued toaggressively promote Reglan even after it knew orshould have known that the use of Reglan or othermetoclopramide products, in particular the long termuse of the drug, entailed unreasonable risks of seriousand potentially crippling involuntary movementdisorders.136. The DRUG COMPANY DEFENDANTS, as manufacturers and distributors andsellers of metoclopramide products, owed to the plaintiffs, and other patients, a duty to provideto them or to physicians adequate clinically relevant information and data and warningsregarding the adverse health risks associated with exposure to metoclopramide, and/or that thereexisted safer and more or equally effective alternative drug products.137. By failing to effectively communicate to Plaintiffs or to their physicians adequateclinically relevant information and data and warnings regarding the adverse health risks- 52 -Case ID: 100101997