MISSOURI CIRCUIT COURT
TWENTY-SECOND JUDICIAL CIRCUIT
(CITY OF ST.
LOUIS)
CIVIL CASE NO. 042-07388
DIVISION One (1) Track 2
PAULA BALLARD and
BRENT L. BALLARD, her husband, et al.
and (Additional
Plaintiffs added by this Amended Complaint)
LINDA DEEWALL and
MORRIS DEEWALL,
her husband
and
MARY LOU BURTON
and
BARBARA A. JONES and
BOB JONES, her husband
and
CAROLYN SCOTT
and
SHARON L. BAENA and
GEORGE BAENA,
her husband
and
JANET S. ROTH and
JOHN ROTH, her husband
and
MARY SCHROEDER and
KEN SCHROEDER,
her husband
and
GAYLE BALLEW
and
ROBERT
CARROLL BALLEW, her husband
and
NORMA DELL
BROWN and
WILLIAM
BROWN, her husband
and
SUSAN
WHITLEY
and
RAYJEANA
KELL
and
JANE F. SELLEPACK
and
MARGARET J. GRINDLE and
DENNIS E. GRINDLE, her husband
and
KAREN K. O’NEIL
and
BETTY BECK and
JAMES N. BECK, her husband
and
CAROL S. BUCHANAN and
DAVID L. BUCHANAN, her husband
and
DONNA M. CLARK and
JAMES E. CLARK, her husband
and
PAMELA S. DEREFIELD and
CARL E. DEREFIELD, her husband
and
RUTH ELLEN MORGAN and
FRANK MORGAN, her husband
and
CATHERINE FLORES and
MARIO FLORES, her husband
and
LORI RILEY and
LARRY ALAN RILEY, her husband
and
JOYCE THOMPSON and
RICHARD A. THOMPSON, her husband
and
HELEN DEVALK and
ROBERT HENRY DEVALK, her husband
and
AUDREY FENTON
and
ROCHELLE SCOTT, Individually and as
Personal Representative of the Estate of
DOROTHY O’NEAL (Deceased)
and
PATRICIA WESLEY and
WALTER TEMPLE, her husband
and
JEANNE BROSS
and
SUSAN TRADER and
PETER M. TRADER, her husband
and
ARLENE WESTON and
WILBUR M. WESTON, her husband
and
SYLVIA CAMPBELL and
JAMES S. CAMPBELL, her husband
and
MARIE MORRIS and
JOE F. MORRIS, her husband
and
HAROLENE PRIDY and
ROGER PRIDY, her husband
and
PATRICIA JOHNSTON and
JEROME W. JOHNSTON, her husband
and
BEVERLY HELLMAN and
RANDALL LEE HELLMAN, her husband
and
CONNIE WEBB
and
LORRAINE WEJROWSKI
and
HENRY WEJROWSKI, her husband
and
CAROLYN GEORGE and
JAMES D. GEORGE, her husband
and
DONNA DECKER
and
RUBY TEDFORD
and
JUDITH BREGE
and
DORIS TOFTE-ALVERSON
and
MARTHA KENNEDY and
FREDDY KENNEDY, her husband
and
FLORENCE JANE
PRITCHETT and
LEONARD PRITCHETT, her husband
and
JANIS ROE PLAINTIFFS
vs. AMENDED COMPLAINT
WYETH
a/k/a WYETH, INC.
(f/k/a American
Home Products Corporation), et al.
and
AHP
SUBSIDIARY HOLDING CORPORATION a/k/a
AHP DM
SUBSIDIARY HOLDING CORPORATION
f/k/a
WYETH-AYERST LABORATORIES COMPANY
A division
of WYETH
C/O Wilmington
Trust SP Services, Inc.
1105 N. Market
Street, Suite 1300
Wilmington DE 19801
Serve: Secretary of State (pursuant to RSMo.
§351.380)
State
Capitol, Room 208
600
W. Main
Jefferson City MO
63101 DEFENDANTS
1.
Plaintiffs and the additional Plaintiffs added
by this Amended Complaint (hereafter collectively referred to as “Plaintiffs”),
for their Amended Complaint against all Defendants, allege and aver as follows:
2.
The
Defendant, AHP Subsidiary Holding Corporation a/k/a AHP DM Subsidiary Holding
Corporation f/k/a Wyeth-Ayerst Laboratories Company (hereafter referred to as
“Wyeth-Ayerst Labs”), is a Delaware Corporation with its principal place of
business in Delaware. At all times material hereto, Wyeth-Ayerst Labs was
engaged in the business of testing, developing, manufacturing, labeling,
marketing, distributing, promoting, and/or selling, either directly or
indirectly, through third parties or related entities, hormone therapy drugs,
including Premarin®, Aygestin®, Premphase®, Cycrin® and Prempro®.
3.
Plaintiff, Linda Deewall, is a resident and
citizen of the State of Illinois, and resides
in the County of Madison.
At all times relevant to this Amended Complaint, she lived and still
lives with her husband, Plaintiff, Morris Deewall. Beginning on or about
February 11, 1996, and continuing through approximately May 20, 2002, Linda
Deewall underwent hormone replacement therapy, and was prescribed and ingested
drugs manufactured, marketed and sold by one or more of the Drug Defendants
and/or Pharmacy Defendants. On or about December 8, 2003, Linda Deewall was
diagnosed with invasive lobular left breast carcinoma, and later underwent
surgery consisting of a left breast lumpectomy. The cancer and subsequent
surgery, treatment, injury and damage to Linda Deewall, were caused by her use
of the aforementioned drugs.
4.
Plaintiff, Mary Lou Burton, is a resident and
citizen of the State of Florida, and resides
in the County of Palm Beach. Beginning on or about June 30, 1995, and
continuing through approximately June 3, 2002, Mary Lou Burton underwent
hormone replacement therapy, and was prescribed and ingested drugs
manufactured, marketed and sold by one or more of the Drug Defendants and/or
Pharmacy Defendants. On or about January 30, 2003, Mary Lou Burton was
diagnosed with invasive carcinoma with ductal and lobular features in the right
breast, and later underwent surgery consisting of a right breast segmental
mastectomy. The cancer and subsequent surgery, treatment, injury and damage to
Mary Lou Burton, were caused by her use of the aforementioned drugs.
5.
Plaintiff, Barbara A. Jones, is a resident and
citizen of the State of Illinois, and resides
in the County of Bond.
At all times relevant to this Amended Complaint, she lived and still
lives with her husband, Plaintiff, Bob Jones. Beginning on or about June 23,
1998, and continuing through approximately August, 5, 2003, Barbara A. Jones
underwent hormone replacement therapy, and was prescribed and ingested drugs
manufactured, marketed and sold by one or more of the Drug Defendants and/or
Pharmacy Defendants. On or about August 9, 2003, Barbara A. Jones was diagnosed
with invasive ductal carcinoma of the left breast, and later underwent surgery
consisting of a left breast lumpectomy. The cancer and subsequent surgery,
treatment, injury and damage to Barbara A. Jones, were caused by her use of the
aforementioned drugs.
6.
Plaintiff, Carolyn Scott, is a resident and
citizen of the State of Missouri, and resides
in the County of St. Louis. Beginning on or about June 4, 1997, and
continuing through approximately November 11, 2002, Carolyn Scott underwent
hormone replacement therapy, and was prescribed and ingested drugs
manufactured, marketed and sold by one or more of the Drug Defendants and/or
Pharmacy Defendants. On or about November, 2002, Carolyn Scott was diagnosed
with infiltrating ductal and lobular carcinoma of the left breast, and later
underwent surgery consisting of a left breast lumpectomy. The cancer and
subsequent surgery, treatment, injury and damage to Carolyn Scott, were caused
by her use of the aforementioned drugs.
7.
Plaintiff, Sharon L. Baena, is a resident and
citizen of the State of Washington, and
resides in the County
of Thurston. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, George Baena.
Beginning on or about September 9, 1997, and continuing through approximately
August 25, 2003, Sharon L. Baena underwent hormone replacement therapy, and was
prescribed and ingested drugs manufactured, marketed and sold by one or more of
the Drug Defendants and/or Pharmacy Defendants. On or about May 21, 2004,
Sharon L. Baena was diagnosed with infiltrating carcinoma with lobular features
of the right breast, and later underwent surgery consisting of a right breast
lumpectomy. The cancer and subsequent surgery, treatment, injury and damage to
Sharon L. Baena, were caused by her use of the aforementioned drugs.
8.
Plaintiff, Janet S. Roth, is a resident and
citizen of the State of Missouri, and resides
in the County of St. Louis. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, John Roth.
Beginning on or about August 27, 1993, and continuing through approximately April
15, 2000, Janet S. Roth underwent hormone replacement therapy, and was prescribed
and ingested drugs manufactured, marketed and sold by one or more of the Drug
Defendants and/or Pharmacy Defendants. On or about May 10, 2000, Janet S. Roth
was diagnosed with invasive ductal carcinoma in the right breast, and later
underwent surgery consisting of a right modified radical mastectomy. The cancer
and subsequent surgery, treatment, injury and damage to Janet S. Roth, were
caused by her use of the aforementioned drugs.
9.
Plaintiff, Mary Schroeder, is a resident and
citizen of the State of Missouri, and resides
in the County of St. Louis. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, Ken
Schroeder. Beginning on or about December 27, 1989, and continuing through
approximately October 13, 2003, Mary Schroeder underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
January 2, 2004, Mary Schroeder was diagnosed with invasive ductal carcinoma in
the left breast, and later underwent surgery consisting of a left breast
lumpectomy. The cancer and subsequent surgery, treatment, injury and damage to
Mary Schroeder, were caused by her use of the aforementioned drugs.
10.
Plaintiff, Gayle Ballew, is a resident and
citizen of the State of Texas, and resides in
the County of Tarrant.
At all times relevant to this Amended Complaint, she lived and still
lives with her husband, Plaintiff, Robert Carroll Ballew. Beginning on or about April 1992, and
continuing through approximately June 2003, Gayle Ballew underwent hormone
replacement therapy, and was prescribed and ingested drugs manufactured,
marketed and sold by one or more of the Drug Defendants. On or about June-July 2003, Gayle Ballew was
diagnosed with Lobular Carcinoma in Situ Breast Cancer and later underwent
surgery and treatment consisting of lumpectomy, and Tamoxifen. The cancer and subsequent surgery, treatment,
injury and damage to Gayle Ballew were caused by her use of the aforementioned
drugs.
11.
Plaintiff, Norma Dell Brown, is a resident and
citizen of the State of Texas, and resides in
the County of Tarrant.
At all times relevant to this Amended Complaint, she lived and still
lives with her husband, Plaintiff, William Brown. Beginning on or about 1991, and continuing
through approximately July 2003, Norma Dell Brown underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants.
On or about July 2003, Norma Dell Brown was diagnosed with Lobular
Carcinoma in Situ Breast Cancer and later underwent surgery and treatment
consisting of a mastectomy, radiation treatment and chemotherapy beginning in
February 2003. The cancer and subsequent
surgery, treatment, injury and damage to Norma Dell Brown were caused by her
use of the aforementioned drugs.
12.
Plaintiff, Susan Whitley, is a resident and
citizen of the State of Texas, and resides in
the County of Tarrant.
Beginning on or about January 1995, and continuing through approximately
March 2004, Susan Whitley underwent hormone replacement therapy, and was
prescribed and ingested drugs manufactured, marketed and sold by one or more of
the Drug Defendants. On or about March
2004, Susan Whitley was diagnosed with Lobular Carcinoma in Situ Breast Cancer
and later underwent surgery and treatment consisting of a needle biopsy and
chemotherapy. The cancer and subsequent
surgery, treatment, injury and damage to Susan Whitley were caused by her use
of the aforementioned drugs.
13.
Plaintiff, Rayjeana Kell, is a resident and
citizen of the State of Missouri, and resides
in the County of Crawford. Beginning on or about March 22, 1989, and
continuing through approximately July 9, 2002, Rayjeana Kell underwent hormone
replacement therapy, and was prescribed and ingested drugs manufactured,
marketed and sold by one or more of the Drug Defendants and/or Pharmacy
Defendants. On or about April 30, 2003, Rayjeana Kell was diagnosed with
ovarian cancer, and later underwent surgery consisting of bilateral
oophorectomy, appendectomy and omentectomy. The cancer and subsequent surgery,
treatment, injury and damage to Rayjeana Kell, were caused by her use of the
aforementioned drugs.
14.
Plaintiff, Jane F. Sellepack, is a resident
and citizen of the State of Michigan, and
resides in the County
of Hillsdale. Beginning on or about August, 1994, and
continuing through approximately December 11, 2000, Jane F. Sellepack underwent
hormone replacement therapy, and was prescribed and ingested drugs
manufactured, marketed and sold by one or more of the Drug Defendants and/or
Pharmacy Defendants. On or about December 11, 2000, Jane F. Sellepack was
diagnosed with invasive ductal carcinoma, and later underwent surgery
consisting of a radical mastectomy. The cancer and subsequent surgery,
treatment, injury and damage to Jane F. Sellepack, were caused by her use of
the aforementioned drugs.
15.
Plaintiff, Margaret J. Grindle, is a resident
and citizen of the State of Michigan, and
resides in the County
of Gladwin. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, Dennis E.
Grindle. Beginning on or about the late
1980’s or early 1990’s, and continuing through approximately September, 2002, Margaret
J. Grindle underwent hormone replacement therapy, and was prescribed and
ingested drugs manufactured, marketed and sold by one or more of the Drug
Defendants and/or Pharmacy Defendants. On or about November 15, 2002, Margaret
J. Grindle was diagnosed with left breast infiltrative ductal carcinoma, and
later underwent surgery consisting of a left breast lumpectomy with sentinel
lymph node biopsy. The cancer and subsequent surgery, treatment, injury and
damage to Margaret J. Grindle, were caused by her use of the aforementioned
drugs.
16.
Plaintiff, Karen K. O’Neil, is a resident and
citizen of the State of New York, and resides
in the County of Orange.
Beginning on or about January, 1998, and continuing through
approximately December 19, 2001, Karen K. O’Neil underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
December 27, 2001, Karen K. O’Neil was diagnosed with infiltrating ductal
carcinoma, and later underwent surgery consisting of a lumpectomy and later
underwent a mastectomy. The cancer and subsequent surgery, treatment, injury
and damage to Karen K. O’Neil, were caused by her use of the aforementioned
drugs.
17.
Plaintiff, Betty Beck, is a resident and citizen
of the State of South Carolina, and resides in
the County of Orangeburg. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, James N.
Beck. Beginning on or about 1996, and
continuing through approximately November, 2001, Betty Beck underwent hormone
replacement therapy, and was prescribed and ingested drugs manufactured,
marketed and sold by one or more of the Drug Defendants and/or Pharmacy
Defendants. On or about December 27, 2001, Betty Beck was diagnosed with
infiltrating ductal carcinoma in situ, and later underwent surgery consisting
of a right breast lumpectomy with sentinel node biopsy. The cancer and subsequent surgery, treatment,
injury and damage to Betty Beck, were caused by her use of the aforementioned
drugs.
18.
Plaintiff, Carol S. Buchanan, is a resident and
citizen of the State of North Carolina, and
resides in the County
of Johnston. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, David L.
Buchanan. Beginning on or about 1991,
and continuing through approximately August, 2002, Carol S. Buchanan underwent
hormone replacement therapy, and was prescribed and ingested drugs
manufactured, marketed and sold by one or more of the Drug Defendants and/or
Pharmacy Defendants. On or about August 30, 2002, Carol S. Buchanan was
diagnosed with infiltrating ductal carcinoma of both breasts, and later
underwent surgery consisting of a double mastectomy. The cancer and subsequent surgery, treatment,
injury and damage to Carol S. Buchanan, were caused by her use of the
aforementioned drugs.
19.
Plaintiff, Donna M. Clark, is a resident and
citizen of the State of Michigan, and resides
in the County of Gratiot.
At all times relevant to this Amended Complaint, she lived and still
lives with her husband, Plaintiff, James E. Clark. Beginning on or about 1995, and continuing
through approximately March 11, 2002, Donna M. Clark underwent hormone
replacement therapy, and was prescribed and ingested drugs manufactured,
marketed and sold by one or more of the Drug Defendants and/or Pharmacy
Defendants. On or about June 6, 2003, Donna M. Clark was diagnosed with
invasive lobular carcinoma, and later underwent surgery consisting of a
mastectomy. The cancer and subsequent
surgery, treatment, injury and damage to Donna M. Clark, were caused by her use
of the aforementioned drugs.
20.
Plaintiff, Pamela S. Derefield, is a resident
and citizen of the State of Ohio, and resides
in the County of Delaware. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, Carl E.
Derefield. Beginning on or about July
18, 1994, and continuing through approximately February, 2002, Pamela S.
Derefield underwent hormone replacement therapy, and was prescribed and
ingested drugs manufactured, marketed and sold by one or more of the Drug
Defendants and/or Pharmacy Defendants. On or about February 15, 2002, Pamela S.
Derefield was diagnosed with infiltrating ductal carcinoma of the right breast,
and later underwent surgery consisting of a partial mastectomy of the right
breast. The cancer and subsequent
surgery, treatment, injury and damage to Pamela S. Derefield, were caused by
her use of the aforementioned drugs.
21.
Plaintiff, Ruth Ellen Morgan, is a resident and
citizen of the State of Michigan, and resides
in the County of Ottawa.
At all times relevant to this Amended Complaint, she lived and still
lives with her husband, Plaintiff, Frank Morgan. Beginning on or about 1990, and continuing
through approximately July 19, 2001, Ruth Ellen Morgan underwent hormone
replacement therapy, and was prescribed and ingested drugs manufactured,
marketed and sold by one or more of the Drug Defendants and/or Pharmacy Defendants.
On or about July 17, 2001, Ruth Ellen Morgan was diagnosed with infiltrating
mammary carcinoma, Elston’s Grade 1, with features of ductal and lobular origin.
She later underwent surgery consisting of a sentinel node lymph biopsy and
lumpectomy. The cancer and subsequent
surgery, treatment, injury and damage to Ruth Ellen Morgan, were caused by her
use of the aforementioned drugs.
22.
Plaintiff, Catherine Flores, is
a resident and citizen of the State of Illinois,
and resides in the County
of Cook. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, Mario Flores.
Beginning on or about May 1997, and continuing through approximately 2003,
Catherine Flores underwent hormone replacement therapy, and was prescribed and
ingested drugs manufactured, marketed and sold by one or more of the Drug
Defendants and/or Pharmacy Defendants. On or about October 2003, Catherine
Flores was diagnosed with lobular carcinoma of the left breast, and later
underwent surgery consisting of a lumpectomy.
The cancer and subsequent surgery, treatment, injury and damage to
Catherine Flores, were caused by her use of the aforementioned drugs.
23.
Plaintiff, Lori Riley, is a
resident and citizen of the State of Indiana,
and resides in the County
of Harrison. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, Larry Alan
Riley. Beginning on or about November 21, 2003, and continuing through
approximately December 9, 2003, Lori Riley underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
December 9, 2003, Lori Riley was diagnosed with extensive deep vein thrombosis
of the right lower extremity, and later underwent treatment consisting of
anti-coagulant therapy. The deep vein
thrombosis and subsequent treatment, injury and damage to Lori Riley, were
caused by her use of the aforementioned drugs.
24.
Plaintiff, Joyce Thompson, is a
resident and citizen of the State of Texas,
and resides in the County
of Van Zandt. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, Richard A.
Thompson. Beginning on or about 1992, and continuing through approximately
2003, Joyce Thompson underwent hormone replacement therapy, and was prescribed
and ingested drugs manufactured, marketed and sold by one or more of the Drug
Defendants and/or Pharmacy Defendants. On or about March 2003, Joyce Thompson
was diagnosed with ovarian cancer, and later underwent surgery consisting of a
bilateral salpingo-oophorectomy with removal of the right ovarian mass. The cancer and subsequent surgery, treatment,
injury and damage to Joyce Thompson, were caused by her use of the
aforementioned drugs.
25.
Plaintiff, Helen
Devalk, is a resident and citizen of the State of Wisconsin,
and resides in the County
of Outagamie. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, Robert Henry
Devalk. Beginning on or about 1989, and continuing through approximately March
2002, Helen Devalk underwent hormone replacement therapy, and was prescribed
and ingested drugs manufactured, marketed and sold by one or more of the Drug Defendants
and/or Pharmacy Defendants. On or about April 2003, Helen Devalk was diagnosed
with metastatic papillary adenocarcinoma consistent with an ovarian primary,
and later underwent treatment consisting of chemotherapy. The cancer and subsequent treatment, injury
and damage to Helen Devalk, were caused by her use of the aforementioned drugs.
26.
Plaintiff, Audrey Fenton, is a
resident and citizen of the State of Maryland,
and resides in the County
of Montgomery. Beginning on or about 1978, and continuing through
approximately January 2003, Audrey Fenton underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
August 2003, Audrey Fenton was diagnosed with ovarian carcinoma, and later
underwent surgery consisting of a total abdominal hysterectomy bilateral
salpingo-oophorectomy debulking. The
cancer and subsequent surgery, treatment, injury and damage to Audrey Fenton,
were caused by her use of the aforementioned drugs.
27.
Plaintiff, Rochelle Scott, individually and as
Personal Representative of the Estate of Dorothy O’Neal (Deceased), is a
resident and citizen of the State of Michigan,
and resides in the County
of Calhoun. Until her death, Dorothy O’Neal (Deceased),
was a resident and citizen of the Michigan,
and resided in the County
of Calhoun. Beginning on
or about January through May 2001, and again on or about June through July 2002,
Dorothy O’Neal underwent hormone replacement therapy, and was prescribed and
ingested drugs manufactured, marketed and sold by one or more of the Drug
Defendants and/or Pharmacy Defendants.
On or about July 26, 2002, Dorothy O’Neal was pronounced dead secondary
to a myocardial infarction. The myocardial
infarction, subsequent treatment, injury and damage to, and death of, Dorothy
O’Neal, were caused by her use of the aforementioned drugs.
28.
Plaintiff, Patricia Wesley, is
a resident and citizen of the State of North Carolina,
and resides in the County
of Franklin. At all times relevant to this Amended
Complaint, she lived and still lives with her husband, Plaintiff, Walter
Temple. Beginning on or about October 21, 2003, and continuing through
approximately January 2004, Patricia Wesley underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
February 29, 2004, Patricia Wesley was diagnosed with left lower extremity deep
venous thrombosis, and later underwent treatment consisting of anti-coagulant
therapy. The deep vein thromboses and
subsequent surgery, treatment, injury and damage to Patricia Wesley, were
caused by her use of the aforementioned drugs.
29.
Plaintiff, Jeanne Bross, is a
resident and citizen of the State of Alabama,
and resides in the County
of Madison. Beginning on or about January 1983, and
continuing through approximately March 2004, Jeanne Bross underwent hormone
replacement therapy, and was prescribed and ingested drugs manufactured,
marketed and sold by one or more of the Drug Defendants and/or Pharmacy
Defendants. On or about March 2004, Jeanne Bross was diagnosed with ovarian
cancer, and later underwent diagnostic paracentesis. The cancer and subsequent treatment, injury
and damage to Jeanne Bross, were caused by her use of the aforementioned drugs.
30.
Plaintiff, Susan Trader, is a resident and
citizen of the State of Michigan, and resides
in the County of Kent. At all times relevant to
this Amended Complaint, she lived and still lives with her husband, Plaintiff,
Peter M. Trader. Beginning on or about 1973, and continuing through
approximately February 2003, Susan Trader underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
February 26, 2003, Susan Trader was diagnosed with infiltrating ductal
carcinoma, and later underwent surgery consisting of a lumpectomy in the left
breast. The cancer and subsequent surgery, treatment, injury and damage to
Susan Trader, were caused by her use of the aforementioned drugs.
31.
Plaintiff, Arlene Weston, is a resident and
citizen of the State of Michigan, and resides
in the County of Clinton. At all times relevant to
this Amended Complaint, she lived and still lives with her husband, Plaintiff,
Wilbur M. Weston. Beginning on or about February 1996, and continuing through
approximately the year 2000, Arlene Weston underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
August 2000, Arlene Weston was diagnosed with infiltrating ductal carcinoma,
and later underwent surgery consisting of a lumpectomy. The cancer and
subsequent surgery, treatment, injury and damage to Arlene Weston, were caused
by her use of the aforementioned drugs.
32.
Plaintiff, Sylvia Campbell, is a resident and
citizen of the State of New Mexico, and
resides in the County
of Santa Fe. At all
times relevant to this Amended Complaint, she lived and still lives with her
husband, Plaintiff, James S. Campbell. Beginning on or about 1994, and
continuing through approximately August 2002, Sylvia Campbell underwent hormone
replacement therapy, and was prescribed and ingested drugs manufactured,
marketed and sold by one or more of the Drug Defendants and/or Pharmacy
Defendants. On or about August 29, 2002, Sylvia Campbell was diagnosed with
infiltrating ductal carcinoma and invasive lobular carcinoma and later
underwent surgery consisting of a lumpectomy and axillary node dissection. The
cancer and subsequent surgery, treatment, injury and damage to Sylvia Campbell,
were caused by her use of the aforementioned drugs.
33.
Plaintiff, Marie Morris, is a resident and
citizen of the State of Mississippi, and
resides in the County
of Lamar. At all
times relevant to this Amended Complaint, she lived and still lives with her
husband, Plaintiff, Joe F. Morris. Beginning on or about October 12, 1983, and
continuing through approximately January 9, 2003. Marie Morris underwent
hormone replacement therapy, and was prescribed and ingested drugs
manufactured, marketed and sold by one or more of the Drug Defendants and/or
Pharmacy Defendants. On or about January 14, 2003, Marie Morris was diagnosed
with invasive lobular carcinoma, and later underwent surgery consisting of a
modified mastectomy and mediastinal lymph node biopsy, multiple, via
mediastinoscopy. The cancer and subsequent surgery, treatment, injury and
damage to Marie Morris, were caused by her use of the aforementioned drugs.
34.
Plaintiff, Harolene Pridy, is a resident and
citizen of the State of Missouri, and resides
in the County of Butler. At all times relevant to
this Amended Complaint, she lived and still lives with her husband, Plaintiff,
Roger Pridy. Beginning on or about 1975, and continuing through approximately
February 2001, Harolene Pridy underwent hormone replacement therapy, and was
prescribed and ingested drugs manufactured, marketed and sold by one or more of
the Drug Defendants and/or Pharmacy Defendants. On or about February 26, 2001,
Harolene Pridy was diagnosed with Carcinoma of the left mammary gland, and
later underwent surgery consisting of a left modified mastectomy and axillary
node dissection. The cancer and subsequent surgery, treatment, injury and
damage to Harolene Pridy, were caused by her use of the aforementioned drugs.
35.
Plaintiff, Patricia Johnston, is a resident and
citizen of the State of Michigan, and resides
in the County of Camden. At all times relevant to
this Amended Complaint, she lived and still lives with her husband, Plaintiff,
Jerome W. Johnston. Beginning on or about 1993, and continuing through
approximately March 2002, Patricia Johnston underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about April
8, 2002, Patricia Johnston was diagnosed with infiltrating ductal carcinoma,
and later underwent surgery consisting of an excisional biopsy and axillary
sentinel node biopsy in the left breast. The cancer and subsequent surgery,
treatment, injury and damage to Patricia Johnston, were caused by her use of
the aforementioned drugs.
36.
Plaintiff, Beverly Hellman, is a resident and
citizen of the State of Colorado, and resides
in the County of Arapahoe. At all times relevant to
this Amended Complaint, she lived and still lives with her husband, Plaintiff,
Randall Lee Hellman. Beginning on or about June 1996, and continuing through
approximately August 2002, Beverly Hellman underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
February, 2003, Beverly Hellman was diagnosed with infiltrating lobular
carcinoma, and later underwent surgery consisting of three (3) lumpectomies. The
cancer and subsequent surgery, treatment, injury and damage to Beverly Hellman,
were caused by her use of the aforementioned drugs.
37.
Plaintiff, Connie Webb, is a
resident and citizen of the State of North Carolina,
and resides in the County
of Avery. Beginning on or about 1997, and continuing
through approximately May 2001, Connie Webb underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about
June 2001, Connie Webb was diagnosed with ductal carcinoma, and later underwent
surgery consisting of a lumpectomy. The
cancer and subsequent surgery, treatment, injury and damage to Connie Webb,
were caused by her use of the aforementioned drugs.
38.
Plaintiff, Lorraine Wejrowski, is a resident and
citizen of the State of Wisconsin, and resides
in the County of Milwaukee. At all times relevant to this Complaint, she
lived and still lives with her husband, Plaintiff, Henry Wejrowski. Beginning in 1976, and continuing through
approximately July, 2002, Lorraine Wejrowski underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about February 19, 2003, Lorraine
Wejrowski was diagnosed with invasive ductal carcinoma, and later underwent
surgery consisting of a left breast lumpectomy.
The cancer and subsequent surgery, treatment, injury and damage to
Lorraine Wejrowski were caused by the use of the aforementioned drugs.
39.
Plaintiff, Carolyn George, is a resident and
citizen of the State of Missouri, and resides
in the County of Franklin. At all times relevant to this Complaint, she
lived and still lives with her husband, Plaintiff, James D. George. Beginning in October 10, 1994, and continuing
through approximately October 1999, Carolyn George underwent hormone
replacement therapy, and was prescribed and ingested drugs manufactured,
marketed and sold by one or more of the Drug Defendants and/or Pharmacy
Defendants. On or about October 1999,
Carolyn George was diagnosed with ductal breast carcinoma, and underwent
surgery in November 1999 consisting of a lumpectomy followed by a re-excision
in December 1999 to remove the margins of the tumor. The cancer and subsequent surgery, treatment,
injury and damage to Carolyn George were caused by the use of the
aforementioned drugs.
40.
Plaintiff, Donna Decker, is a resident and
citizen of the State of Texas, and resides in
the County of Collin.
Beginning on or about April 1, 1997, and continuing through approximately
July 3, 2002, Donna Decker underwent hormone replacement therapy, and was
prescribed and ingested drugs manufactured, marketed and sold by one or more of
the Drug Defendants and/or Pharmacy Defendants.
On or about August 20, 2002, Donna Decker was diagnosed with invasive
lobular breast carcinoma, and later underwent surgery consisting of a left
breast lumpectomy with sentinel lymph node dissection. The cancer and subsequent surgery, treatment,
injury and damage to Donna Decker were caused by the use of the aforementioned
drugs.
41.
Plaintiff, Ruby Tedford, is a resident and
citizen of the State of Washington, and
resides in the County
of King. Beginning in 1997, and continuing through
approximately March, 2002, Ruby Tedford underwent hormone replacement therapy,
and was prescribed and ingested drugs manufactured, marketed and sold by one or
more of the Drug Defendants and/or Pharmacy Defendants. On or about March 2002, Ruby Tedford was
diagnosed with infiltrating tubular breast
carcinoma and intraductal carcinoma in situ, and later underwent surgery
consisting of a lumpectomy with sentinel lymph node dissection. The cancer and subsequent surgery, treatment,
injury and damage to Ruby Tedford were caused by the use of the aforementioned
drugs.
42.
Plaintiff, Judith Brege, is a resident and
citizen of the State of Illinois, and resides
in the County of Randolph. Beginning in September, 1994, and continuing
through approximately March, 2003, Judith Brege underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about March 25, 2003, Judith Brege was
diagnosed with bilateral ductal carcinoma in situ, and later underwent surgery
consisting of a bilateral mastectomy.
The cancer and subsequent surgery, treatment, injury and damage to Judith
Brege were caused by the use of the aforementioned drugs.
43.
Plaintiff, Doris Tofte-Alverson, is a resident
and citizen of the State of Washington, and
resides in the County
of Clark. Beginning on or about May 1, 1986, and
continuing through approximately July 5, 2001, Doris Tofte-Alverson underwent
hormone replacement therapy, and was prescribed and ingested drugs
manufactured, marketed and sold by one or more of the Drug Defendants and/or
Pharmacy Defendants. On or about June 1,
2001, Doris Tofte-Alverson was diagnosed with lobular carcinoma with ductal
involvement of the left breast, and later underwent surgery consisting of a
lumpectomy with axial dissection on or about June 27, 2001 and then on or about
July 26, 2001, she underwent re-excision and lymph node dissection. The cancer and subsequent surgery, treatment,
injury and damage to Doris Tofte-Alverson were caused by the use of the
aforementioned drugs.
44.
Plaintiff, Martha Kennedy, is a resident and
citizen of the State of Mississippi, and
resides in the County
of Itawamba. At all times relevant to this Complaint, she
lived and still lives with her husband, Plaintiff, Freddy Kennedy. Beginning in 1998, and continuing through
approximately July 16, 2002, Martha Kennedy underwent hormone replacement
therapy, and was prescribed and ingested drugs manufactured, marketed and sold
by one or more of the Drug Defendants and/or Pharmacy Defendants. On or about July 23, 2002, Martha Kennedy was
diagnosed with infiltrating ductal carcinoma, ductal carcinoma in situ and
intraductal carcinoma of the left breast, and underwent surgery consisting of a
modified radical mastectomy. The cancer
and subsequent surgery, treatment, injury and damage to Martha Kennedy were
caused by the use of the aforementioned drugs.
45.
Plaintiff, Florence Jane Pritchett, is a
resident and citizen of the State of Missouri,
and resides in the County
of St. Francois. At all times relevant to this Complaint, she
lived and still lives with her husband, Plaintiff, Leonard Pritchett. Beginning
on or about November 28, 1995, and continuing through approximately April 8,
2001, Florence Jane Pritchett underwent hormone replacement therapy, and was
prescribed and ingested drugs manufactured, marketed and sold by one or more of
the Drug Defendants and/or Pharmacy Defendants. On or about January 16, 2002,
Florence Jane Pritchett was diagnosed with invasive ductal carcinoma of the
left breast, and later underwent surgery consisting of a left breast modified
radical mastectomy. The cancer and subsequent surgery, treatment, injury and
damage to Florence Jane Pritchett, were caused by her use of the aforementioned
drugs.
46.
Plaintiff, Janis Roe, is
a resident and citizen of the State of Missouri,
and resides in the County
of St. Louis. Beginning in 1997, and continuing through
approximately June 2002, Janis Roe underwent hormone replacement therapy, and
was prescribed and ingested drugs manufactured, marketed and sold by one or
more of the Drug Defendants and/or Pharmacy Defendants. On or about July 1, 2002, Janis Roe was
diagnosed with ductal carcinoma of the breast, and underwent surgery consisting
of a mastectomy with sentinel lymph node dissection. The cancer and subsequent surgery, treatment,
injury and damage to Janis Roe were caused by the use of the aforementioned
drugs.
47.
At all times relevant to this action, Original
Plaintiff, Margaret Bickel, was a resident and citizen of the State of Indiana.
48.
The female plaintiffs set forth in the
immediately preceding paragraphs and the female plaintiffs set forth in the
Original Complaint are hereafter collectively referred to as the “Drug
Plaintiffs.” Drug Plaintiffs, as used herein, also includes decedents of the
Personal Representatives set forth in the preceding paragraphs and in the
Original Complaint. The spouses of the Drug Plaintiffs are hereafter
collectively referred to as the “Spousal Plaintiffs.” The Drug Plaintiffs and
Spousal Plaintiffs are hereafter collectively referred to as the “Plaintiffs.”
49.
Except
as noted below, Plaintiffs hereby incorporate by reference all
averments of the Original Complaint as if fully set forth herein at length.
50.
The following Plaintiffs in the Original
Complaint, and all averments specific to said Plaintiffs are hereby deleted: Deborah
L. Willis and Edgar T. Willis, her husband.
PRAYER
FOR RELIEF
WHEREFORE, Plaintiffs,
Paula Ballard, Brent L. Ballard, Linda
Boelk, Arthur R. Boelk, Linda Bolton, Claud H. Bolton, Jr., Elaine Briden, Linda
Burchfield, John Burchfield, Theda
Cagle, Earl D. Cagle, Betsy
Calma, Roy D. Calma, Bonnie
Campbell, Cathy Coody, Angela Dipietro, Brenda Ferguson, Jeff Ferguson, Arnold J. Gozzi, Individually as Personal
Representative of the Estate of Antoinette E. Gozzi (Deceased), Leona Hamm,
Roma Killian, Kenneth R. Killian, Mary Ann Long, Richard B. Long, Ruth Mancini, Janet Miesenzahl, Nelson H. Miesenzahl, Sandra L. Mower, Theron Mower, Francine S. Necowitz, Arthur J. Necowitz,
Margaret Rubin-Finn, Faye Johnson,
Gerald E. Johnson, Ruth MacDuff,
Matthew MacDuff, Gail M. Watt,
Grace Jurewicz, Jerry Jurewicz, Leonie
Schindler, Fred F. Schindler, Dorothy
Johnson, Lorenzo Johnson, Ann
Mullins, Sambo Mullins, Patricia
Morton, Joe Wallace Morton, Joyce Deloach, James Deloach, Patricia Cushman, Raymond R. Cushman, Donna Merwin, Joseph Merwin, Gail McClellan,
Nancy Sullivan, Michael Mounts, Individually as Personal Representative of the
Estate of Loretta Mounts (Deceased), Walter Mae Shurn, Carol Anderson, Anna Mae
Ayers, Dorothy Hull, Norma Maxfield, Maxine Howard, Lucy Garcia, Salvador
Garcia, Deanna Louderback,
Janice Walrod, Doris Ganzy, John Ganzy, Nancy Andrews, Judy Melendez, Anthony Sbrocchi, as Personal
Representative of the Estate of Filomena Sbrocchi (Deceased), Marilyn Carll,
Betty Synegal, Linda Suter, Tonya
Warner, Jean Paradis, Linda Stamper,
Hugh E. Stamper, Darylle D.
Willenbrock, Theodore E. Willenbrock, Elby F. Rogers, Sr., Individually as Personal Representative of the
Estate of Charlotte D. Rogers (Deceased), Marilyn Billeau, William L. Billeau,
Barbara Liberman, Loretta Patten,
Lucille Richardson, Howard Clifton Richardson, June Seaton, Beverly Weatherspoon, Larry Weatherspoon, Lois Barg, Connie Sides, Sammie L. Sides,
Brenda Berman, Barry J. Berman, Margaret Bickel, James R. Bickel, Cornelia Hobley, Charles W. Hobley, Catherine Kennon, Evelyn M. Ross, Deborah
Branson, Aecha Wilson, Judy Shephard, Molena Roberts, Gayle Ulmer, Bonnie
Johnson, Mary Bradley, Maureen Everett, Linda
Stroh, Susan Kay Grosor, Marilyn Ferguson, Bobby E. Ferguson, Doris Fortner, Walter Fortner, Linda Deewall, Morris Deewall, Mary Lou Burton,
Barbara A. Jones, Bob Jones, Carolyn Scott, Sharon L. Baena, George Baena,
Janet S. Roth, John Roth, Mary Schroeder, Ken Schroeder, Gayle Ballew, Robert
Carroll Ballew, Norma Dell Brown, William Brown, Susan Whitley, Rayjeana
Kell, Jane F. Sellepack, Margaret J. Grindle, Dennis E. Grindle, Karen K.
O’Neil, Betty Beck, James N. Beck, Carol S. Buchanan, David L. Buchanan, Donna
M. Clark, James E. Clark, Pamela S. Derefield, Carl E. Derefield, Ruth Ellen
Morgan, Frank Morgan, Catherine Flores, Mario Flores, Lori Riley, Larry Alan
Riley, Joyce Thompson, Richard A. Thompson, Helen Devalk, Robert Henry Devalk,
Audrey Fenton, Rochelle Scott, individually and as Personal Representative of
the Estate of Dorothy O’Neal (Deceased), Patricia Wesley, Walter Temple, Jeanne
Bross, Susan Trader, Peter M. Trader, Arlene Weston, Wilbur M. Weston, Sylvia
Campbell, James S. Campbell, Marie Morris, Joe F. Morris, Harolene Pridy, Roger
Pridy, Patricia Johnston, Jerome W. Johnston, Beverly Hellman, Randall Lee
Hellman, Connie Webb, Lorraine
Wejrowski, Henry Wejrowski, Carolyn George, James D. George, Donna Decker, Ruby
Tedford, Judith Brege, Doris Tofte-Alverson, Martha Kennedy, Freddy Kennedy, Florence
Jane Pritchett, Leonard Pritchett and Janis Roe request
that this Court enter judgment against Defendants, jointly and severally, and award relief as follows:
A.