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

158. Each of the DRUG COMPANY DEFENDANTS negligently and carelesslybreached the above-described duties to Plaintiffs by committing negligent acts and/or omissionsincluding, but not limited to, the following:12. They failed to use ordinary care in designing, testing,and manufacturing, a product which, would bereasonably safe to use without appropriate labeling,marketing, and/or the provision of adequate informationto consumers or doctors;13. They failed to use ordinary care in marketing, labeling,and communicating adequate warnings about theirrespective products to consumers and/or theirphysicians so as to reveal and communicate the highrisk to users of unreasonable, dangerous side-effects,such as involuntary movements, when compared to theuse of alternative drugs in the same class or comparedto the use of no drugs;14. They failed to exercise ordinary care to communicate,to consumers or to doctors, adequate information thatwould alert doctors or consumers to the potentialadverse side effects associated with the use of theirrespective Reglan and/or metoclopramide products andthe nature, severity and duration of such adverseeffects, either compared to the use of alternative drug inthe same class or compared to the use of no drugs;15. They failed to exercise ordinary care either to conductor in conducting post-marketing studies, non-clinicaland clinical testing, and post-marketing surveillanceand analyses adequate to determine the safety profileand side effects of their respective Reglan and/ormetoclopramide products, either compared to the use ofalternative drugs in the same class or compared to theuse of non-drug therapy;16. They failed to exercise ordinary care to communicateto Plaintiffs or to their physicians, either directly orindirectly, orally or in writing, adequate warnings aboutthe true risk of involuntary movements, injury anddeath as a result of the use of their respective Reglanand/or metoclopramide products, either compared to theuse of alternative drugs in the same class or comparedto the use of non-drug therapy;- 57 -Case ID: 100101997