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

EQUITABLE TOLLING OF APPLICABLE STATUTE OF LIMITATIONS259. The running of any statute of limitation has been tolled by reason of thefraudulent conduct of the DRUG COMPANY DEFENDANTS, through affirmativemisrepresentations and omissions, actively concealing from Plaintiffs and Plaintiffs'prescribing physicians the true risks associated with taking Reglan and/or genericmetoclopramide.260. As a result of these fraudulent actions; Plaintiffs and Plaintiffs' prescribingphysicians were unaware, and could not reasonably have known or have learned throughreasonable diligence that Plaintiffs had been exposed to the risks alleged herein and thatthose risks were the direct and proximate result of wrongful acts and omissions of the DRUGCOMPANY DEFENDANTS.WHEREFORE, Plaintiffs request trial by jury and that the Court grant them thefollowing relief against DRUG COMPANY DEFENDANTS, jointly and severally, on all countsof this Complaint, including:(A)Money Damages representing fair, just and reasonable compensation for theirrespective common law and statutory claims;(B)(C)(D)(E)Punitive and/or Treble Damages pursuant to state law;Disgorgement of profits and restitution of all costs;Attorneys’ fees pursuant to state law;Pre-judgment and post-judgment interests as authorized by law on the judgmentswhich enter on Plaintiffs’ behalf;(F)Costs of suit; and- 84 -Case ID: 100101997