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

153. Pursuant to common law and/or Product Liability Acts, and due to its negligentresearch, development, testing, study, manufacture, marketing, promotion, distribution and saleof Reglan and/or generic metoclopramide, each of the DRUG COMPANY DEFENDANTS isliable to Plaintiffs who consumed its metoclopramide product or products for injuries caused bythose products.154. At all times relevant to this lawsuit, each of the DRUG COMPANYDEFENDANTS owed a duty to consumers, like Plaintiffs, to assess, minimize, andcommunicate the risks, dangers, and adverse effects of Reglan and/or metoclopramide and tosuspend distribution and sale of its Reglan and/or metoclopramide products when it discoveredthe drug to be unreasonably dangerous.155. DRUG COMPANY DEFENDANTS’ duties included, but were not limited to,carefully and properly designing, testing, studying, manufacturing, promoting, selling, and/ordistributing its Reglan and/or metoclopramide product into the stream of commerce as areasonably safe prescription drug product.156. DRUG COMPANY DEFENDANTS were required to use all reasonable meansavailable to correct inaccurate information present in the labeling for metoclopramide, and toensure that prescribers and consumers of the drug were aware of the risks associated with its use,including long-term and pediatric use.157. DRUG COMPANY DEFENDANTS’ duties further included, but were notlimited to, distributing their respective Reglan and/or metoclopramide products with adequateinformation about warnings and precautions, and to ensure that the warnings were effectivelycommunicated to consumers and/or physicians regarding the appropriate use of the drug product.- 56 -Case ID: 100101997