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

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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 <strong>Complaint</strong>, 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
(G)Such other relief as is deemed just and appropriate.EISENBERG, ROTHWEILER, WINKLEREISENBERG & JECK, P.C.BY:___________________________________Stewart J. EisenbergW. Paulette FrancoisAttorney I.D. Nos. 32151, 612731634 Spruce StreetPhiladelphia, PA 19103215-546-6636215-546-0118stewart@erlegal.compaulette@erlegal.com- 85 -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
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labeling, and design of metoclopram
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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 and 80: 237. The representatives of Deceden
Page 81 and 82: 248. Plaintiffs also allege that th
Page 83: d) They continued to promote the sa
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Third Amended Master Long Form Complaint - Dispute Resolution ...

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