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

loss: the difference between the price paid for Reglan and/or metoclopramide as a result of theseunfair trade practices and the cost of any of the substantially cheaper, and safer, drug alternative.COUNT IX - UNJUST ENRICHMENT206. Plaintiffs hereby incorporate by reference all preceding paragraphs as if fully setforth herein.207. As the intended and expected result of the conscious wrongdoing of defendantWyeth, and the conscious passive assent and cooperation of the other DRUG COMPANYDEFENDANTS, all defendants have profited and benefited from the purchase and use of Reglanand/or generic metoclopramide by Plaintiffs.208. BRAND NAME DEFENDANTS and the other DRUG COMPANYDEFENDANTS have voluntarily accepted and retained these profits and benefits derived fromPlaintiffs with full knowledge and awareness that, as a result of BRAND NAMEDEFENDANTS wrongdoing, as passively and consciously assented to and cooperated in by theother DRUG COMPANY DEFENDANTS, Plaintiffs were not receiving products of the quality,nature or fitness that had been represented by their manufacturers and sellers, or that Plaintiffs,as reasonable consumers, expected to receive.209. By virtue of the conscious wrongdoing alleged above, the DRUG COMPANYDEFENDANTS have been unjustly enriched at the expense of Plaintiffs, who are entitled to inequity and hereby seek the disgorgement and restitution of the profits, revenues and benefitsobtained through the wrongdoing, to the extent and in the amount deemed appropriate by theCourt; and such other relief as the Court deems just and proper to remedy the unjust enrichmentof defendant Wyeth and the other DRUG COMPANY DEFENDANTS.- 71 -Case ID: 100101997