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

217. Alternatively or in addition, BRAND NAME DEFENDANTS failed to exercisereasonable care to ensure that the information disseminated to physicians concerning theproperties and effects of Reglan and metoclopramide was accurate and not misleading, andinstead that only information to physicians that was materially inaccurate, misleading, false, andunreasonably dangerous was available to physicians and the medical community in general.whether patients ultimately purchased and used Reglan, generic metoclopramide products, orboth. Defendants Schwarz and Alaven failed to exercise reasonable care to insure that, duringthe time it held the NDA for Reglan, accurate and not misleading information was disseminatedto physicians concerning the properties and effects of Reglan and metoclopramide by failing topublish or disseminate current and accurate information.218. BRAND NAME DEFENDANTS expected or should have expected that patientstaking metoclopramide, pursuant to prescriptions written or issued in reliance on falseinformation., would be placed in unnecessary, avoidable, and unreasonable danger due to toxicoverexposure to the drug. Defendants Schwarz and Alaven expected or should have expectedthat patients taking metoclopramide pursuant to prescriptions written during the time they heldthe NDA, were also relying on false information or misleading inaccuracies, and thus would beplaced in unnecessary, avoidable, and unreasonable peril of injury due to toxic overexposure tothe drug.219. As a proximate and foreseeable result of this dissemination to physicians, bydefendants Wyeth, Schwarz and Alaven, of consciously or negligently disseminating falseinformation, the Plaintiffs suffered grievous bodily injury and consequent economic and otherloss, as described above, when their physicians, in reasonable reliance upon the negligentlyinaccurate, misleading and otherwise false information disseminated by these defendants, and- 75 -Case ID: 100101997