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

244. The representatives/administrators of Decedent Plaintiffs’ estates further plead allsurvival damages allowed by statute in the state or states in which the survival causes of actionaccrued.forth herein.BASIS FOR PUNITIVE DAMAGES REMEDY245. Plaintiffs hereby incorporate by reference all preceding paragraphs as if fully set246. The wrongs done by the DRUG COMPANY DEFENDANTS were aggravated bythe kind of malice, fraud, and reckless disregard for the rights of others, the public, and Plaintiffsfor which the law would allow, and which Plaintiffs will seek at the appropriate time undergoverning law for the imposition of exemplary damages, in that conduct:a) When viewed objectively from the standpoint of the DRUGCOMPANY DEFENDANTS at the time of the wrongful conduct, thatconduct involved an extreme degree of risk, considering the probabilityand magnitude of the potential harm to others, and DRUG COMPANYDEFENDANTS were actually, subjectively aware of the risk involved, butnevertheless proceeded with conscious indifference to the rights, safety, orwelfare of others; orb) included one or more material representations that were false, withDRUG COMPANY DEFENDANTS knowing that the representation orrepresentations to be false or with reckless disregard as to their truth andas positive assertions, with the intent that the representations be acted onby Plaintiffs’ physicians and Plaintiffs. Plaintiffs’ physicians and Plaintiffsrelied on the representation or representations and suffered injury as aproximate result of this reliance.247. Plaintiffs therefore will seek, at the appropriate time under governing law, awardsof exemplary damages in amounts within the jurisdictional limits of the Court.- 80 -Case ID: 100101997