Complaint,Petition: MOELLER vs GLAXOSMITHKLINE, LLC, et al.

On April 09, 2024 a Complaint,Petition was filed involving a dispute between Kari Moeller, and Boehringer Ingelheim Pharmaceuticals, Inc., Glaxosmithkline, Llc, Patheon, for Civil Unlimited (Product Liability (not asbest...) in the District Court of Alameda County.

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1 Jennifer A. Moore (SBN: 206779)
jennifer@moorelawgroup.com
2 Andie B. Camden (Admitted Pro Hac Vice)
andie@moorelawgroup.com
3
Ashton R. Smith (Admitted Pro Hac Vice)
4 ashton@moorelawgroup.com
MOORE LAW GROUP, PLLC
5 1473 South 4th Street
Louisville, KY 40208
6 Telephone: (502) 717-4080
Facsimile: (502) 717-4086
7

8 Counsel for Plaintiff

9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF ALAMEDA
11

12
COORDINATION PROCEEDING SPECIAL JCCP NO. 5150
13 TITLE (Rule 3.550)
ASSIGNED FOR ALL PURPOSES TO
14 RANITIDINE PRODUCTS CASES JUDGE NOËL WISE
15 DEPARTMENT 21
THIS DOCUMENT RELATES TO:
16 SHORT FORM COMPLAINT FOR
Kari Moeller, DAMAGES AND DEMAND FOR JURY
17 TRIAL
v.
18
GlaxoSmithKline, LLC, Boehringer Ingelheim
19 Pharmaceuticals, Inc., Patheon, and DOES 1
through 10, inclusive
20
CASE NO. ___________________
21

25
26

SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1 Comes now Plaintiff(s), Kari Moeller, and file(s) this Short Form Complaint (SFC) against

2 the Defendants identified herein, and Does 1 through 10, inclusive, (hereinafter referred to

3 collectively as “Defendants”) for personal injuries suffered as a result of Plaintiff(s)’ exposure to

4 Zantac/ranitidine.

5 Plaintiff(s) incorporate(s) by reference the allegations contained in Plaintiffs’ Personal

6 Injury Master Complaint and Demand for Jury Trial (“Master Complaint”) including any and all

7 amendments thereto approved by this Court, in Judicial Council Coordinated Proceeding No. 5150,

8 Ranitidine Products Cases (“JCCP 5150”). Plaintiff(s) file(s) this SFC as required by this Court

9 pursuant to Pretrial Order No. 12. Accordingly, Plaintiff(s) select(s) and indicate(s) by checking

10 where appropriate, the Parties and Causes of Action specific to this case. Where certain claims

11 require additional pleading or case-specific facts and information, Plaintiff(s) shall add and include

12 them herein.

13
I. PARTIES, JURISDICTION, AND VENUE
14
A. PLAINTIFF(S)
15
1. Plaintiff, Kari Moeller (“Plaintiff”), is a resident and citizen of Rancho Mirage,
16
Riverside County, California and claims damages as set forth below.
17
2. Plaintiff alleges that venue lies in San Diego County pursuant to § 395(a) of the
18 California Code of Civil Procedure because [check all that apply]:
19 The injuries alleged herein occurred in this county.
20
At the commencement of the action, a Defendant resided in this county.
21
3. Plaintiff brings this action [check all that apply]:
22
On behalf of herself.
23

24 In representative capacity as personal representative of the individual
that developed cancer, [INSERT NAME], who is/was a citizen and
25 resident of [INSERT CITY AND STATE].

26 4. Plaintiff claims damages as a result of [check all that apply]:
27 Injury to herself.
28
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SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1 Injury to the person represented;

2 Wrongful death; and/or
3
Survivorship.
4
5. Plaintiff’s action is:
5
a new case
6
a case previously filed on [INSERT DATE OF ORIGINAL FILING]
7

8 styled [INSERT CASE NAME AND CASE NUMBER] and ordered coordinated into

9 JCCP No. 5150.
10 B. DEFENDANT(S)
11
6. Plaintiff(s) name(s) the following Defendants in this action [check all that apply]:
12
GLAXOSMITHKLINE, LLC
13
PFIZER INC.
14 BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.
15 SANOFI-AVENTIS U.S. LLC

16 PATHEON
OTHER ______________________________________
17
The following retailers and/or distributors:
18
_____________________________________________
19 _____________________________________________

26
27

28
-3-
SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1 II. PRODUCT USE

2 7. The individual that developed cancer used Zantac/ranitidine from approximately
March 2004 to February 2020.
3

4 8. The individual that developed cancer used [check all that apply]:

5 Prescription brand name Zantac tablets
6 Over-the-counter brand name Zantac tablets
Prescription generic ranitidine tablets
7
Over-the-counter generic ranitidine tablets
8
Other (including syrup or injection forms of Zantac/ranitidine):
9 _________________________________________________

10
9. Over his/her course of use, the individual that developed cancer used Zantac/ranitidine
11 that was [check all that apply]:

12 Prescribed by his/her medical provider
13 Purchased over-the-counter

15 III. INJURIES

16 10. As a result of taking Zantac/ranitidine, on or about January 1, 2011 and October 30,
2020, Plaintiff was diagnosed with cancer.
17
11. As a result of his/her use of Zantac/ranitidine, Plaintiff was diagnosed with the
18
following type(s) of cancer [check all that apply]:
19
BLADDER CANCER
20 BREAST CANCER
COLORECTAL CANCER
21 ESOPHAGEAL CANCER
LIVER CANCER
22
LUNG CANCER
23 PANCREATIC CANCER
PROSTATE CANCER
24 STOMACH CANCER
OTHER CANCER:
25 DEATH FROM CANCER
26
27 12. Defendants proximately caused the injuries to Plaintiff(s) and/or the individual that
developed cancer.
28
-4-
SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1 IV. DEFENDANT-SPECIFIC ALLEGATIONS AND
CAUSES OF ACTION ASSERTED
2
13. The following claims and allegations are asserted by Plaintiff(s) in the Master
3
Complaint and are herein adopted by reference.
4
Count I – Strict Liability – Design Defect
5
Against all Defendants.
6

7 Against only the following Defendants: __________________________

8 Count II – Strict Liability – Failure to Warn

9 Against all Defendants.
10 Against only the following Defendants: __________________________
11
Count III – Negligence – General
12
Against all Defendants.
13
Against only the following Defendants: __________________________
14

15 Count IV – Negligent Design Defect

16 Against all Defendants.

17 Against only the following Defendants: __________________________
18
Count V – Negligent Failure to Warn
19
Against all Defendants.
20
Against only the following Defendants: __________________________
21
Count VI – Other Innovators liability
22

23 Against all Defendants.

24 Against only the following Defendants: __________________________
25 Count VII – Other
26
Against all Defendants.
27
Against only the following Defendants: __________________________
28
-5-
SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1 If Count VI or Count VII is alleged, additional facts supporting the claim(s):

2 ________________________________________________________________________

5
14. As a result of the injuries Plaintiff(s) sustained, he/she/they is/are entitled to recover
6 compensatory damages for past, present, and future: pain and suffering, emotional
distress, economic loss, as well as punitive damages and other damages in an amount
7 to be proven at trial.

8 V. JURY DEMAND
9
15. Plaintiff(s) hereby demand(s) a trial by jury as to all claims in this action.
10
VI. PRAYER FOR RELIEF
11
WHEREFORE, Plaintiff(s) has/have been damaged as a result of Defendants’ actions or
12
inactions and demand(s) judgment against Defendants on each of the above-referenced causes of
13
action, jointly and severally to the full extent available in law or equity, as requested in the Master
14
Complaint for compensatory and punitive damages.
15

16 Dated: April 9, 2024 Respectfully Submitted,
17
MOORE LAW GROUP, PLLC
18

19 Jennifer A. Moore (SBN: 206779)
jennifer@moorelawgroup.com
20 1473 South 4th Street
Louisville, KY 40208
21 Telephone: (502) 717-4080
Facsimile: (502) 717-4086
22

23 Counsel for Plaintiff

26
27

28
-6-
SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Case Info

Judge

Somnath Raj Chatterjee Track Judge’s New Case

Case No.

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Document Filed Date

April 09, 2024

Case Filing Date

April 09, 2024

County

Parties

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