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  • Birth Control Pill Lawsuit

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    Kyle Iboshi
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    Three Oregon women are suing a pharmaceutical company for a birth control pill labelling mix-up that caused unplanned pregnancies.

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    Three Oregon women are suing a pharmaceutical company for a birth control pill labelling mix-up that caused unplanned pregnancies.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    2K vues19 pages

    Birth Control Pill Lawsuit

    Transféré par

    Kyle Iboshi
    Three Oregon women are suing a pharmaceutical company for a birth control pill labelling mix-up that caused unplanned pregnancies.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 19
    FIRST JUDICIAL DISTRICT OF PENNSYLVAMA Count oF ComMON PLEAS OF PHILADELPHIA, MELISSA RAMIREZ 1997 Orton Avene Conage Grove, NO S3016, ea Plain, ‘VINTAGE PHARMACEUTICALS, LLC OCT Corporation System 2p Jacko Suet Sul 605 Monigemey, AL 3104, oa, Deendas NOTICE TO DEFEND NOTICE ‘ila ortho hen pees ‘vey 0) dye afer his comps a ‘rg with te Sart your Sefer {iinet emptor nny her ain tele eet en nyt nyo ey oe eh Yo sho aah pp our omer atone, Ipod at have (Tiny or camel fred afta tpn fv frth ‘blown ou whey co ea eb Phindelpla Ba Associaton Lawyer Referral 1nd Information Service ‘One Reading Center Philadiphia Pennsyvanin 19107 (ais) 236.338 THY a5) 481-6197 10-284 AVISO Le ham demandade ted on I cote Sted gle {hed campeon oan as poisons ee dena {ed puede perder dere rn propidaes © tes Lee eta demande «an bop inmesaamene Si no iene bogota fet de pe i ‘emia, Vane pons Hae par tfon ena Se dren ws crenin ace sgh ene ae ‘ope ora seni a Asocasan De Licensiados De Flea Service De Referenia Tnformacoa Legal ‘One Reading Center Fusdlta, Pensyivania 19107 (Gis) 2384885 TTY G15) 451-6197 LAW OFFICES MAJOR JURY WALTER Z. STEINMAN BY: Walter Z. Steinman, Esquire ‘THIS IS NOT AN Attorney ID. No. 21491 ARBITRATION CASE - 400 Greenwood Avenue ASSESSMENT OF DAMAGES ‘Wyncote, PA 19095-1825 HEARING IS REQUIRED (215) 517-7500 Attorney for Plaintiffs JURY TRIAL DEMANDED OF COUNSEL: ROBERTSON, BODOH & NASRALLAH, LLP BY: Keith D. Bodoh, Esq. 990 Cobb Parkway North Suite 205A ‘Marietta, GA 30062 (770) 424.1234 STEVEN L. BEARD, P.C. BY: Steven L. Beard, Esq. 1380 West Perry Road, NW Suite 2100 ‘Atlanta, Georgia 30327 (404) 809.2507 ‘MELISSA RAMIREZ 8897 Greystone Avenue Cottage Grove, MN 55016 etal, Plaintiffs, ‘COURT OF COMMON PLEAS v PHILADELPHIA COUNTY VINTAGE PHARMACEUTICALS, LLC | NO clo CT Corporation System 2No Jackson Street, Suite 60S ‘Montgomery, AL 36104 and ENDO PHARMACEUTICALS INC. clo The Corporation Trust Company 41209 Orange Street ‘Wilmington, DE 19801 and ENDO HEALTH SOLUTIONS INC., Formerly known as Endo Pharmaceuticals Holdings Ine clo The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 and PATHEON INC. 2100 Syntex Court “Mississauga ON LSN 7K9 Canada Defendants. COMPLAINT-- CIVIL ACTION COMES NOW MELISSA RAMIREZ and all those individuals listed in Exhibit "A Plaintiffs inthe above-styled action (hereinafter “Plaintiffs”, and hereby files this their Complaint ‘for Damages, showing this Honorable Court the following: PARTIES: L Plaintiff Melissa Ramirez isa resident and citizen of Washington County, Minnesota. The remaining one hundred and twelve (112) similarly-stuated Plaintiffs, as set forth in Exhibit “A” attached hereto, are residents of twenty-cight (28) different states, as listed below, whose claims arise out of a common set of operative facts, as set forth in farther detail herein, and which claims hhave been filed together with those of Plaintiff Melissa Ramirez for purposes of case management (on a mass tort basis. 2 Defendant VINTAGE PHARMACEUTICALS, LLC d/b/a PHARMACEUTICALS [hereinafter “Defendast QUALITEST"), is foreign limited ibility company doing business within the Commonwealth of Pennsylvania with its princnal offices located in Pennsylvania, Ithas appointed CT Corporation System, a its repstred agent located at 2No Jackson St, St, 605, Montgomery, AL 36104. Defendant QUALITEST wil be served with and summons, process, and a Complain, and, when so served. will be subject t the jurisdi ‘venue of this Court. a Defendant ENDO PHARMACEUTICALS INC,, isa foreign corporation doing business “within the Commonwealth of Pennsylvania with its principal offices located in Pennsylvania. Ithas appointed THE CORPORATION TRUST COMPANY, asits registered agent located at Corporation ‘Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. Defendant ENDO PHARMACEUTICALS, INC. will be served with summons, process, and a Complaint, and, when ‘0 served, wll be subject tothe jurisdition and venue of thia Court. “ Defendant ENDO HEALTH SOLUTIONS, INC, formerly known as ENDO PHARMACEUTICALS HOLDINGS INC,, is a foreign corporation doing business within the ‘Commonwealth of Pennsylvania with ts principal offices located in Pennsylvania. Ithas appointed ‘THE CORPORATION TRUST COMPANY, as its registered agent located at Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. Defendant ENDO PHARMACEUTICALS HOLDINGS, INC. willbe served with summons, process, anda Complaint, ‘and, when so served, will be subject to the jurisdiction and venue of this Court. s Defendants ENDO PHARMACEUTICALS INC. and ENDO PHARMACEUTICALS HOLDINGS INC. shall hereinafter be referred to collectively as “Defendants ENDO”, 6 Defendant PATHEON INC. [hereinafter “Defendant PATHEON"), is foreign corporation doing business within the Commonwealth of Pennsylvania with its registered office located at 2100 Syntex Court, Mississauga ONLSN7K9, Canada, PATHEON INC. willbe served with summons, process, and a Complaint and, when so served, wil be subject to the jurisdiction and venue ofthis Court 1 Defendants. VINTAGE PHARMACEUTICALS, LLC d/b/e QUALITEST PHARMACEUTICALS, ENDO PHARMACEUTICALS INC, ENDO PHARMACEUTICALS HOLDINGS, INC., and PATHEON INC. have all conducted substantial business within Philadephia Connty, Pennsylvania and have engaged ina purposefl course of conduct within said county such tha they have the requisite minimum contacts making them subject tothe jurisdiction ‘and venus of this Court of Common Pleas in Philadelphia County, Pennsylvania, EACTS COMMON TO ALL COUNTS a This action arises from the design, manufacture, packaging sale, and distribution of birth contol pills which were placed inthe stream of commerce bp the Defendants and, a a result, were to them foreseeably marketed and distributed within the Commonwealth of Pennsylvania, among ‘other places. Purchase and/or consumption of the product by the Plaintiffs resulted in damages. 9. ‘Atall times material hereto, Defendants QUALITEST, ENDO, and PATHEON designed, manufacture, packaged, sold, and distributed birth contro ils, including bulk products, which included those birth control pills with trademarks Cyelafem 1/35, Cyelafem 7/7/7, Emoquett, Gildess FE 1.5/30, Gildess FE 1/20, Orsythia, Pevifem, and Tr-Previfem [hereinafter “BIRTH (CONTROL PILLS"]. Defendants VINTAGE, ENDO, and PATHEON acted in concert inso doing. 10. ‘When the BIRTH CONTROL PILLS were deliveredio the Plaintiff, they were defectively «and dangerously designed, manufactured, packazed, sold, and distributed. M. More specifically among other things, the BIRTH CONTROL PILLS purchased by the Plaintiffs were packaged such tat selec blisters found inside the pill box were rotated 180 degrees within the card, reversing the weekly tablet orientation. As aresult of the packaging eror, the daily regimen for the BIRTH CONTROL PILLS let women without adequate contraception and at risk for unwanted pregnancy. 2 Plaintiff used the RIRTH CONTROL. PILLS as directed by the Defendants. 13. Plaintiffs took the BIRTH CONTROL PILLS as directed by the Defendants, but because of the packaging defect as described ahove, the Plaintift suffered damages ua Plaintiffs bring this suit to recover damages es a proximate cause of purchasing and/or ingesting the BIRTH CONTROL PILLS or its intended purpose DAMAGES 15, Plaindftsare entitled wo the actual damages resulting from Defendants QUALITEST, ENDO, sand PATHEONs violations ofthe law, ‘These dane include the eonsequential damages to deit coonomie welfare, mental anguish and physical sufering, lost wages, and other actual damage pormited by law. The damages to which cach Plaintiis ented varies from sate to state 16. Of the twonty-cight (28) states represented by the Plinth, twenty-one (21 allow for limited damage, which includes recovery formesdical expenses, pin and sutfring lost wages, nd loss of consortium, These states andthe Plaintiffs who fll nto this category areas fellows Alabama-Robin Barnet, Nadja raver Florida-1issa Rogers Ball, Chelsea Barker, DanilleBar, La’sica Burch, Daiane Cardoso, Katie Chiarello, Lana-Lane Crawford, Philonie Flores, Amanda Jennifer Grubbs, Jessica Joiner, Miranda Kennington, Joy Matias, Brianne Melvin, Kyovonne ‘Noel, Dinorah Owens, Jenifer Penticoff, Melissa Perin, Melanie Wilson; Georgia-Leah Wilson; Mlinois-Lauren Murphy; Indiana-Carla Beckwith, Amber Jennings ;, Breanna Sterling; Kansas-Rachael MeCalmon; Kentucky-Corinna Groves, Robin Watkins; Louisiana Heather Allard, Kristin Cesste, Kourtney Fredrick, Brandi Massey, Lindsay Ryder; Michigan~Alisha Gwinn Canning, Ashley Kulezysi, Amanda Longoria, Gabrielle Reicks, Samanthe: Wright Nevada-Kelly O'Hanlen Fain, Ashley Green; New York-Shelby Brockhausen, Jasice CChandarelis, Jamie Favaro, Tammy Haber, Melissa Porter; North Carotina-Losi Gibson; Obio-Enilee Howard, Sara Yaros; Oklahoma ennifer Berger, lian Cook, Raegann Martine?; Pennsyivani-Cara Rishel; South Carotina-Iennfer Owen; Tennessee-Stephanie Full, Ashley Mi ; Texas-Lindsey Arambula, Katrina Baker, Shannon Conners, Amanda Fleming, Taylor Haney, Sharon Jensen, Lynna Lot, Amy Major, Stephanie Meadors, Monica Moreno, Nina Pannell, Stephanie Ploshn, Kerri Sinn, Amanda Welch; Vermont-Paulsha George; Virginia-Pamela Hughes; Washington-Karina- Vanessa Lopez, Elizabeth Rodland, Chelsea Schott. A ‘Ofthe twenty-cight (28) states represented by the Plaintiffs, three (3) allow for full recovery ‘of éamages, which includes recovery for medical expenses, pain and suffering lost wages, loss of ‘consortium, and child-rearing expenses up until the age of majority, These states and the Plaintis ‘whe fl into this eategory are as follows: New Mexieo-Jamie Sanchez; Wisconsin-Rebecca Hill, ‘Oregon-Joanne Milmore, Tiffany Mock, Cory Snyder. In Oregon, child-rearing expenses includes ‘expenses for college education, Ts ‘Of the twenty-eight (28) states represented by the Plaintiffs, four (4) allow for full recovery ‘of damages, which includes recovery for medical expenses, pain and suffering, lost wages, loss of consortium, and child-rearing expenses up until the age of majority, less the benefits of having a child, These states and the Plaintifs who fll into this category areas follows: Arizona-Angela Baser, Kristie Granado, Amanda Thurnherr; California-Evelyn Aguilar, Nicole Bello, Kristen Cassell, Corinne De La Pena, Teyuna French, Jessica Gillespie, Tracy Gleason, Sara Grote, Amy Handy, Stevie Hansen, Mia Hart, Fadumo Kassin, Jane Ree Kim, Arielle Leleu, Vanessa Long, (Candyce Miller, Kari Pantoja, Stephanie Papa, Lauren Paterson, Lydia Pina, Sarah Reintsma, Julie Rose, Chanelle Sadler, Jessica Straw, Mahenema Syed, Danielle Weaver; Massachusetts-Samantha Boucher; Minnesota-Christa Andrescik, Melissa (Nelson) Ramirez, Megan Plank, COUNT ONE ‘STRICT LIABILITY BY ALL DEFENDANTS Plaintiffs reallege paragraphs 1-18 and incorporate them herein by reference and further allege: » Defendants QUALITEST, ENDO, and PATHEON are stitly liable to Plants for designing, manufacturing, packaging, selling, and/or disuibuing by placing inthe stream of commerce the BIRTH CONTROL PILLS which were unreasonably dangerous and defective for its reasonably foresecahle nsx hacanse af the aforesaid defects. 20, The aid Defendants defetvely marketed the BIRTH CONTROL PILLS by fling to warn orto adequately war the Pains ofthe defects 21. ‘As alega result of Defendants’ negligence, Plant have sulTered damages WHEREFORE, the Plaintifs sve the Defendants, QUALITEST, ENDO, and PATHEON, seck damages, together with cost of suit, and such further relief as the Court deems prope, and respectilly request a jury tal COUNT TWO NEGLIGENCE OF ALL DEFENDANTS Plaintifsreallege paragraphs 1-18 and incorporate them herein by reference and further allege: 2. Defendants QUALITEST, ENDO, and PATHEON were negligent in he following ways: (@) failing to adequately desig, manufacture, andlor package the BIRTH CONTROL PILLS; (©) failing to properly inspect the BIRTH CONTROL PILLS; (©) failing to discover the defective condition; (@ failing to climinate the defective condition in the BIRTH CONTROL PILLS before ‘twas distributed by retailers; (©) failing to design, manufacture, package, sell, distribute, inspect and test the BIRTH CONTROL PILLS to render the same suitable for their intended use; (failing to implement sufficient quality control to determine that the BIRTH CONTROL PILLS were not properly packaged and was, thus, not safe for human ‘consumption; (@) failing to war retailers who sold the BIRTH CONTROL PILLS to Plaintiffs andor Plaintiffs of defects in the design, manufacture, packaging, inspection and/or distribution ofthe defective and unreasonably dangerous BIRTH CONTROL PILLS; andi otherwise in filing to exercise onlinary care under the circumstances then and there existing. 2 Defendants QUALITEST, ENDO, and PATHEON knew, or in the course of ordinary care should have knovn, tha the BIRTH CONTROL PILLS were defective and unreasonably dangerous ‘to those persons, including the Plaintfis, likely to use the product forthe purpose and in the manner for which it was intended to be used m Defendants QUALITEST, ENDO, and PATHEON owed the Plaintiffs the duty ofreasonable ‘care when it designed, manufactured, packaged, sold, and distributed the BIRTH CONTROL PILLS. Defendants violated this duty inthe manner stated above, 25. ‘As a legal result of Defendant QUALITEST, ENDO, and PATHEON’s negligence, the Plaintiffs have suffered damages. WHEREFORE, the Plaintiffs sue Defendants QUALITEST, ENDO, and PATHEON, seek damages, together with costs of suit, and such further relief as the Court deems proper, and respectfully request a jury trial COUNT THREE ‘BREACH OF WARRANTY BY ALL DEFENDANTS Plaintiffs reallege paragraphs 1-18 and incorporate them herein by reference and further allege: 26. ‘Defendants QUALITEST, ENDO, and PATHEON, by and through their sale and distribution of te BIRTH CONTROL PILLS, expressly and impliedly warranted to the public generally and to the Plaintiffs specifically thatthe BIRTH CONTROL PILLS wer fit forthe purpose for which it was intended. 2. Plaintiffs made use ofthe product as alleged herein and relied on the express and implied warranties. Contrary thereto, the BIRTH CONTROL PILLS were not fit for its intended use, ‘rendering it unreasonably dangerous. 28. Defendants breached the express and implied warranties inthe manner stated above. 29, Defendants’ breach of warranties and the dangerous and defective nature of the BIRTH CONTROL PILLS were a legal cause of the damages sustained by the Plaintiff WHEREFORE, the Plaintifs sue the Defendants QUALITEST, ENDO, and PATHEON, seek damages, together with costs of suit, and such further relief as the Court deems proper, and respectfully request jury tial. col R ‘VIOLATION OF STATE CONSUMER PROTECTION STATUTES Plaintifs reallege paragraphs 1-18 and incorporate thera herein by reference and further allege: 20, Atall relevant times, there was in effect consumer protection laws in each ofthe states in ‘which the Plaintiffs reside, ‘These statutes uniformly forbid consumer fraud in connection withthe sale or advertisement of merchandise. at ‘The Plaintiffs purchased and paid for the BIRTH CONTROL PILLS manufactured, packaged, promoted, and sold by the Defendants within the applicable Himitations period. 32, Pursuant to these statutes, the Defendants had a statutory duty to reftain from unfair or deceptive acts ot practices in the manufacture, packaging, promotion, and sale of the BIRTH ‘CONTROL PILLS to the Plaintfs 33. ‘Defendants intended thatthe Plaintiffs rely on its materially deceptive acts and practices and purchase the BIRTH CONTROL PILLS as a consequence of the deveptive practices and acts, 1g Defendants’ misrepresentations and omissions of material fact with respect to the true nature ofthe BIRTH CONTROL PILLS. M Defendants’ deceptive and unfair representations and material omissions to the Plaintiffs were and are unfair and deceptive acts and practices. 35. ‘The Defeonlants’ wali ann devrive practices and acts were and ate likely to mislead and Aeceive a consumer acting reasonably 36. Defendants’ deceptive representations and material omissions to Plaintiffs respecting the BIRTH CONTROL PILLS were and are unfair and deceptive acts and practices. 37. ‘Asa proximate result of the Defendants’ unfair and deceptive practices and acts, Plintfis ‘have sufered damages as enumerated above, in an amount to be determined at tral. WHEREFORE, the Plaintiffs sue the Defendants QUALITEST, ENDO, and PATHEON, ‘seek damages, together with attorney's fees and eosts of suit, and such further relief as the Court deems proper, and respectfully request a jury tr COUNT FIVE UNJUST ENRICHMENT Plaintiffs reallege paragraphs 1-18 and incorporate them herein by reference and further allege 38. ‘The Plaintiffs purchased defective BIRTH CONTROL PILLS designed, manufactured, packaged, sold, distributed, and promoted by the Defendants and thereby conferred a benefit on the Defendants which the Defendants accepted and retained, 38. Yo the detriment of the Plaintiffs, Detendants have been, and continue to be, unjustly enriched as a result of the unlawful and/or wrongful collection of, inter alia, payments for the defective BIRTH CONTROL PILLS. 4. Defendantshave unjustly benefited rough the unlawfl and/or wrongful collection of ster lia, payments forthe defective BIRTH CONTROL PILLS and continue 19 so benefit to the

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