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

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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
248. Plaintiffs also allege that the acts and omissions of the DRUG COMPANYDEFENDANTS, whether taken singularly or in combination with others, constitute grossnegligence that proximately caused the injuries to Plaintiffs. In that regard also, Plaintiffs willseek awards of exemplary damages in amounts that would punish the DRUG COMPANYDEFENDANTS for their conduct and deter others from engaging in such misconduct in thefuture.PUNITIVE DAMAGES REMEDY249. Plaintiffs hereby incorporate by reference all preceding paragraphs as if fully setforth herein.250. Punitive damages should be assessed because actions, passive assent, andcooperation of the DRUG COMPANY DEFENDANTS, were reckless and without regard forthe public’s safety and welfare. The actions, passive assent and cooperation of the DRUGCOMPANY DEFENDANTS, misled the medical community and the public at large, includingPlaintiffs’ physicians and the plaintiffs themselves, by making false representations about andconcealing pertinent information regarding Reglan and/or metoclopramide. The affirmativerepresentations and those representations implied by the omission of material informationdownplayed and understated the risk of serious and permanent side effects, including involuntarymovements, associated with the use of Reglan and generic drug products bioequivalent toReglan—despite direct knowledge that the risks were much greater than DRUG COMPANYDEFENDANTS reported and that the products were unreasonably dangerous to use for mostconditions..- 81 -Case ID: 100101997
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IN RE ::COURT OF COMMON PLEASPHILAD
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Sears Tower - Suite 5500Chicago, IL
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4 Penn Center, Suite 8001600 John F
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Northstar Rx LLC4971 Southridge Blv
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Richmond Pharmaceuticals, Inc.3510
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Jersey 07940. Defendant regularly c
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12. Defendant Baxter Healthcare Cor
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with process via The Hague Conventi
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Pharmaceuticals USA, Inc. on Decemb
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Case Management Order No. 1, Defend
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34. Defendant Watson Laboratories,
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through its registered agent for se
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47. Defendant VistaPharm, Inc. is a
Page 29 and 30: labeling, and design of metoclopram
Page 31 and 32: metoclopramide not yet known by Pla
Page 33 and 34: packaging and/or advertising the ph
Page 35 and 36: 76. In addition, Philadelphia Count
Page 37 and 38: 87. The ―indications‖ (recommen
Page 39 and 40: e satisfied that the proposed label
Page 41 and 42: prescribed by physicians, most of w
Page 43 and 44: exercise of reasonable care should
Page 45 and 46: 113. Since 1985, GENERIC DEFENDANTS
Page 47 and 48: e. independently monitor the sales
Page 49 and 50: disfigurement, disability, pain and
Page 51 and 52: care industry and consumers, includ
Page 53 and 54: associated with the ordinary, expec
Page 55 and 56: 146. The Reglan and/or generic meto
Page 57 and 58: 158. Each of the DRUG COMPANY DEFEN
Page 59 and 60: 22. They failed to implement proper
Page 61 and 62: 166. As lawful consumers of Reglan
Page 63 and 64: duration of use - confirming they w
Page 65 and 66: involuntary movements, aggravation
Page 67 and 68: DEFENDANTS professed to Plaintiffs
Page 69 and 70: COUNT VIII - UNFAIR AND DECEPTIVE T
Page 71 and 72: loss: the difference between the pr
Page 73 and 74: 214. BRAND NAME DEFENDANTS knew, or
Page 75 and 76: 217. Alternatively or in addition,
Page 77 and 78: 224. In addition, DRUG COMPANY DEFE
Page 79: 237. The representatives of Deceden
Page 83 and 84: d) They continued to promote the sa
Page 85: (G)Such other relief as is deemed j
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