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

143. At times material to these allegations, the DRUG COMPANY DEFENDANTSmanufactured, distributed, and/or sold one or more metoclopramide products, as alleged in theirindividual Complaints.144. The DRUG COMPANY DEFENDANTS, as manufacturers of pharmaceuticaldrugs, are held to the level of knowledge of an expert in the field, and as manufacturers ofmetoclopramide drug products, to the level of knowledge of an expert in the field ofmetoclopramide uses and effects, including side effects.145. The Reglan and/or metoclopramide prescribed for, dispensed to, and administeredto or used by Plaintiffs was defective in design or formulation in the following respects:6. When it left the hands of the DRUG COMPANYDEFENDANT that manufactured and/or sold it, themetoclopramide product was unreasonably dangerousto the extent beyond that which would reasonably becontemplated by Plaintiffs or their physicians;7. Any benefit of this product was outweighed by theserious and undisclosed risks of its use when used, perdoctors’ prescriptions, as the DRUG COMPANYDEFENDANTS intended;8. The dosages and/or formulation of the metoclopramideproducts manufactured and/or sold by the DRUGCOMPANY DEFENDANTS were unreasonablydangerous;9. The manner in which Defendants packaged theirmetoclopramide products rendered the productunreasonably dangerous;10. There are no patients for whom the benefits of Reglanand/or generic metoclopramide outweighed the risks;and/or11. There are no patients for whom Reglan and/or genericmetoclopramide is a safer and more efficacious drugthan other drug products in the same class.- 54 -Case ID: 100101997