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Case: 1:08-oe-40262-DAK Doc #: 1 Filed: 10/21/08 1 of 7. PageID #: 1



UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO






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IN RE: ORTHO EVRA PRODUCTS LIABILITY ) MDL No. 1742
LITIGATION








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SECOND AMENDED SHORT
FORM COMPLAINT FOR

) ORTHO EVRA PRODUCTS

) LIABILITY LITIGATION

JURY TRIAL DEMANDED




























Plaintiff(s),


TRACY JOHNSON



-against-

JOHNSON & JOHNSON, JOHNSON &
JOHNSON PHARMACEUTICAL

RESEARCH & DEVELOPMENT, L.L.C.
f/k/a R.W. JOHNSON
PHARMACEUTICAL RESEARCH
INSTITUTE, and ORTHO-MCNEIL
PHARMACEUTICAL, INC.,



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Defendants












ABBREVIATED SHORT FORM COMPLAINT FOR ORTHO EVRA PRODUCTS

LIABILITY LITIGATION





1. Plaintiff(s), TRACY JOHNSON

, states and incorporates by reference the

relevant portions of Plaintiffs’ Master Complaint for Individuals on file with Clerk of the Court

for the United States District Court for the Northern District of Ohio in the matter entitled IN

RE: ORTHO EVRA PRODUCTS LIABILITY LITIGATION, MDL No. 1742. Plaintiff is filing

Case: 1:08-oe-40262-DAK Doc #: 1 Filed: 10/21/08 2 of 7. PageID #: 2

this short form complaint as permitted by Case Management Order #11 of this Court for cases

removed to this district.

2. Plaintiff(s) TRACY JOHNSON

is/are resident(s) of SALINA, KANSAS

and

claims damages as set forth below and Plaintiff Spouse _________, is a resident of _________,

and claims damages as a result of loss of consortium.

3. If this is a wrongful death case:



a. Plaintiff decedent, ________ was a resident of _____________, and claims

damages as set forth below. Plaintiff Decedent died on ___________.

b. Plaintiff representative, ________________, is a citizen and resident of _______.

Representative Plaintiff was appointed administrator/representative of the Estate

of __________ [Name of Deceased Plaintiff] on _______ [Date of Appointment]

by _________ [Name of Probate Court]

ALLEGATIONS AS TO VENUE

4. Venue of this case is appropriate in the __FEDERAL _

District Court of State of

__KANSAS. Plaintiff states that but for the order permitting direct filing into the Northern

District of Ohio pursuant to Case Management Order # 11, Plaintiff would have filed in the

__FEDERAL _ District Court of the State of _KANSAS __

. Therefore, plaintiff respectfully

requests that at the time of transfer of this action back to the trial court for further proceedings

that this case be transferred to the above referenced District Court.











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Case: 1:08-oe-40262-DAK Doc #: 1 Filed: 10/21/08 3 of 7. PageID #: 3

ALLEGATIONS AS TO INJURIES

5. Plaintiff used the Ortho Evra birth control patch beginning _OCTOBER 2004_



(date) until __NOVEMBER 11, 2006__ (date).

6. On or about _NOVEMBER 11, 2006___

(date), Plaintiff suffered the following

injur(ies) as a result of her use of the Ortho Evra birth control patch: ___DEEP VEIN

THROMBOSIS _______________________________;

and Pain and suffering of

the following parties entitled to make each claims under the laws of the state that will govern this

case PLAINTIFF TRACY JOHNSON UNDER THE LAWS OF THE STATE OF KANSAS.

7. The Plaintiff(s) has suffered injuries as a result of her use of the Ortho Evra birth

control patch manufactured by defendant as shall be fully set forth in Plaintiff’s Fact Sheet and

other responsive documents provided to the defendants and are incorporated by reference herein.

8. At the time of her injuries, caused by the Ortho Evra birth control patch, the

Plaintiff resided at __540 W. STATE ST. APT 1, SALINA, KANSAS 67401__.

[Address, City, State, Zip]

9. The defendants by their actions or inactions, proximately caused Plaintiff’s

injuries.

10. As a result of the injuries that plaintiff sustained, she/they are entitled to recover

compensatory and punitive damages.

ALLEGATIONS AS TO DEFENDANTS

11. The entities named as Defendants in the Master Complaint and the allegations

with regard to them thereto in the Master Complaint are herein adopted by reference.









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Case: 1:08-oe-40262-DAK Doc #: 1 Filed: 10/21/08 4 of 7. PageID #: 4

SPECIFIC ALLEGATIONS AND THEORIES OF RECOVERY

12. The following claims and allegations asserted in the Master Complaint and the

allegations with regard thereto in the Master Compliant are herein adopted by reference:



x



INTRODUCTION;

x NATURE OF THE ACTION;

x PARTIES, JURISDICTION AND VENUE;

x FACTUAL ALLEGATIONS;

x FIRST CAUSE OF ACTION AS AGAINST THE DEFENDANTS

(NEGLIGENCE);
















x SECOND CAUSE OF ACTION AS AGAINST THE DEFENDANTS

(NEGLIGENCE PER SE);

x THIRD CAUSE OF ACTION AS AGAINST THE DEFENDANTS

(STRICT PRODUCTS LIABILITY – DEFECTIVE DESIGN);


x FOURTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS
(STRICT PRODUCTS LIABILITY – MANUFACTURING DEFECT);

x FIFTH CAUSE OF ACTION AS AGAINST THE DEFENDANT

(STRICT PRODUCTS LIABILITY – FAILURE TO WARN);

x SIXTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS

(BREACH OF EXPRESS WARRANTY);

x SEVENTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS

(BREACH OF IMPLIED WARRANTIES);





x EIGHTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS

(FRAUDULENT MISREPRESENTATION);


x NINTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS
(FRAUDULENT CONCEALMENT);

x TENTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS
(NEGLIGENT MISREPRESENTATION);

x ELEVENTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS



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Case: 1:08-oe-40262-DAK Doc #: 1 Filed: 10/21/08 5 of 7. PageID #: 5

(FRAUD AND DECEIT);

TWELFTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS

(UNFAIR AND DECEPTIVE TRADE PRACTICES UNDER STATE
LAW);


x THIRTEENTH CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (MISREPRESENTATION BY OMISSION);


x FOURTEENTH CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (CONSTRUCTIVE FRAUD);


FIFTEENTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS
(NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS);

SIXTEENTH CAUSE OF ACTION AS AGAINST THE DEFENDANTS

(INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS);

x SEVENTEENTH CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (GROSS NEGLIGENCE/MALICE);


____ EIGHTEENTH CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (LOSS OF CONSORTIUM);


____ NINETEENTH CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (PER QUID);


____ TWENTIETH CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (WRONGFUL DEATH);


____ TWENTY-FIRST CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (SURVIVAL ACTION);


____ TWENTY-SECOND CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (MEDICAL MONITORING);


__x TWENTY-THIRD CAUSE OF ACTION AS AGAINST THE

DEFENDANTS (PUNITIVE DAMAGES);



PLAINTIFF(S) ASSERT(S) THE FOLLOWING STATE CAUSES OF ACTION:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________



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PRAYER FOR RELIEF


WHEREFORE, Plaintiff(s) pray for judgment against Defendants as follows:



1. For the equitable relief requested;

2. For compensatory damages requested and according to proof;

3. For punitive or exemplary damages against Defendants;

4. For all applicable statutory damages of the state whose laws will govern this

action;

5. For declaratory judgment that Defendants are liable to Plaintiffs for all evaluative,

monitoring, diagnostic, preventative, and corrective medical, surgical, and incidental expenses,

costs and losses caused by Defendants’ wrongdoing;

6. For medical monitoring, whether denominated as damages or in the form of

equitable relief;

7. For an award of attorneys’ fees and costs;

8. For prejudgment interest and the costs of suit; and

9. For such other and further relief as this Court may deem just and proper;



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Case: 1:08-oe-40262-DAK Doc #: 1 Filed: 10/21/08 7 of 7. PageID #: 7

JURY DEMAND

Plaintiff(s) hereby demand a trial by jury as to all claims in this action.

Date: October 21, 2008.
































Respectfully submitted,




Counsel for Plaintiff(s)



/s/ Janet G. Abaray_____________________
Janet G. Abaray (0002943)
Calvin S. Tregre, Jr. (0073454)
Melanie S. Bailey (0075821)
BURG SIMPSON ELDREDGE
HERSH & JARDINE, P.C.
312 Walnut Street, Suite 2090
Cincinnati, OH 45202
(513) 852-5600
(513) 852-5611 (fax)
[email protected]
[email protected]
[email protected]

Michael S. Burg
Seth A. Katz
BURG SIMPSON ELDREDGE
HERSH & JARDINE, P.C.
40 Inverness Drive East
Englewood, CO 80111
(303) 792-5595
(303) 708-0527 (fax)
[email protected]
[email protected]












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