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1 MARK POTTER, ESQ. (SBN 166317)
POTTER HANDY LLP
2 100 Pine Street, Suite 1250
San Francisco, CA 94111
3 Telephone: (415) 534-1911
4
ADAM KRAUSE, Esq. (Pro Hac Vice forthcoming)
5 KRAUSE & KINSMAN, LLC
4717 Grand Ave., Suite 300
6 Kansas City, MO 64112
Telephone: 816-760-2700
7 adam@krauseandkinsman.com
8
Counsel for Plaintiff(s)
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
FOR THE COUNTY OF ALAMEDA
12
13
COORDINATION PROCEEDING SPECIAL JCCP NO. 5150
14 TITLE (Rule 3.550)
ASSIGNED FOR ALL PURPOSES TO
15 RANITIDINE PRODUCTS CASES JUDGE EVELIO GRILLO
16 DEPARTMENT 21
THIS DOCUMENT RELATES TO:
17 SHORT FORM COMPLAINT FOR
Priscilla Jackson DAMAGES AND DEMAND FOR JURY
18 TRIAL
CASE NO. ___________________
19
v.
20
GlaxoSmithKline, LLC, Pfizer Inc.,
21 Boehringer Ingelheim Pharmaceuticals, Inc.,
Patheon, and DOES 1 through 10, inclusive
22
23
24
25
26
27
28
SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1 Comes now Plaintiff(s), Priscilla Jackson, and file(s) this Short Form Complaint (SFC)
2 against 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
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A. PLAINTIFF(S)
15
16 1. Plaintiff, Priscilla Jackson (“Plaintiff”), is a resident and citizen of Long Beach, Los
Angeles County, California and claims damages as set forth below.
17
2. Plaintiff alleges that venue lies in Los Angeles 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.
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3. Plaintiff does not allege damages for loss of consortium.
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4. At the time of the filing of this Short Form Complaint, Consortium Plaintiff is a citizen
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and resident of – Not applicable.
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5. Plaintiff brings this action [check all that apply]:
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On behalf of [himself/herself]; and/or
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In representative capacity as personal representative of the individual
27
that developed cancer, [INSERT NAME], who is/was a citizen and
28 resident of [INSERT CITY AND STATE].
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SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1
6. Plaintiff claims damages as a result of [check all that apply]:
2
Injury to [himself/herself];
3
4 Injury to the person represented;
5 Wrongful death; and/or
6 Survivorship.
7
7. Plaintiff’s action is:
8
a new case
9
a case previously filed on [INSERT DATE OF ORIGINAL FILING]
10
11 Date Filed styled [INSERT CASE NAME – If Multi-Plaintiff Complaint, Last Name
12 of First-Named Plaintiff AND CASE NUMBER- If Filed, Case Number] and
13 ordered coordinated into JCCP No. 5150.
14 B. DEFENDANT(S)
15
8. Plaintiff(s) name(s) the following Defendants in this action [check all that apply]:
16
GLAXOSMITHKLINE, LLC
17
PFIZER INC.
18 BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.
19 SANOFI-AVENTIS U.S. LLC
20 PATHEON
OTHER ______________________________________
21
The following retailers and/or distributors:
22
_____________________________________________
23 _____________________________________________
24
25
26
27
28
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SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1 II. PRODUCT USE
2 9. The individual that developed cancer used Zantac/ranitidine from approximately Start
Date of Usage 01/01/2014 to End Date of Usage 12/31/2016.
3
4 10. 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
11. 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
14
15 III. INJURIES
16 12. As a result of taking Zantac/ranitidine, on or about 11/01/2021, Plaintiff was diagnosed
with cancer.
17
13. 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
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27 14. Defendants proximately caused the injuries to Plaintiff(s) and/or the individual that
developed cancer.
28
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SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
1 IV. DEFENDANT-SPECIFIC ALLEGATIONS AND
CAUSES OF ACTION ASSERTED
2
15. 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
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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
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Against all Defendants.
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Against only the following Defendants: __________________________
21
Count VI – Other
22
23 Against all Defendants.
24 Against only the following Defendants: __________________________
25 Count VII – Other
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Against all Defendants.
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Against only the following Defendants: __________________________
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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 ________________________________________________________________________
3
4
5
16. 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
17. 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: 04/08/2024 Respectfully Submitted,
17
_/s/ Mark Potter______________
18 MARK POTTER, ESQUIRE
POTTER HANDY LLP
19
ADAM KRAUSE, ESQUIRE
20
KRAUSE AND KINSMAN,
21 LLC (Pro Hac Vice forthcoming)
22 Counsel for Plaintiff(s)
23
24
25
26
27
28
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SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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1 MARK POTTER, ESQ. (SBN 166317) POTTER HANDY LLP 2 100 Pine Street, Suite 1250 San Francisco, CA 94111 3 Telephone: (415) 534-1911 4 ADAM KRAUSE, Esq. (Pro Hac Vice forthcoming) 5 KRAUSE & KINSMAN, LLC 4717 Grand Ave., Suite 300 6 Kansas City, MO 64112 Telephone: 816-760-2700 7 adam@krauseandkinsman.com 8 Counsel for Plaintiff(s) 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF ALAMEDA 12 13 COORDINATION PROCEEDING SPECIAL JCCP NO. 5150 14 TITLE (Rule 3.550) ASSIGNED FOR ALL PURPOSES TO 15 RANITIDINE PRODUCTS CASES JUDGE EVELIO GRILLO 16 DEPARTMENT 21 THIS DOCUMENT RELATES TO: 17 SHORT FORM COMPLAINT FOR Priscilla Jackson DAMAGES AND DEMAND FOR JURY 18 TRIAL CASE NO. ___________________ 19 v. 20 GlaxoSmithKline, LLC, Pfizer Inc., 21 Boehringer Ingelheim Pharmaceuticals, Inc., Patheon, and DOES 1 through 10, inclusive 22 23 24 25 26 27 28 SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 Comes now Plaintiff(s), Priscilla Jackson, and file(s) this Short Form Complaint (SFC) 2 against 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 16 1. Plaintiff, Priscilla Jackson (“Plaintiff”), is a resident and citizen of Long Beach, Los Angeles County, California and claims damages as set forth below. 17 2. Plaintiff alleges that venue lies in Los Angeles 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 does not allege damages for loss of consortium. 22 4. At the time of the filing of this Short Form Complaint, Consortium Plaintiff is a citizen 23 and resident of – Not applicable. 24 5. Plaintiff brings this action [check all that apply]: 25 On behalf of [himself/herself]; and/or 26 In representative capacity as personal representative of the individual 27 that developed cancer, [INSERT NAME], who is/was a citizen and 28 resident of [INSERT CITY AND STATE]. -2- SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 6. Plaintiff claims damages as a result of [check all that apply]: 2 Injury to [himself/herself]; 3 4 Injury to the person represented; 5 Wrongful death; and/or 6 Survivorship. 7 7. Plaintiff’s action is: 8 a new case 9 a case previously filed on [INSERT DATE OF ORIGINAL FILING] 10 11 Date Filed styled [INSERT CASE NAME – If Multi-Plaintiff Complaint, Last Name 12 of First-Named Plaintiff AND CASE NUMBER- If Filed, Case Number] and 13 ordered coordinated into JCCP No. 5150. 14 B. DEFENDANT(S) 15 8. Plaintiff(s) name(s) the following Defendants in this action [check all that apply]: 16 GLAXOSMITHKLINE, LLC 17 PFIZER INC. 18 BOEHRINGER INGELHEIM PHARMACEUTICALS, INC. 19 SANOFI-AVENTIS U.S. LLC 20 PATHEON OTHER ______________________________________ 21 The following retailers and/or distributors: 22 _____________________________________________ 23 _____________________________________________ 24 25 26 27 28 -3- SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 II. PRODUCT USE 2 9. The individual that developed cancer used Zantac/ranitidine from approximately Start Date of Usage 01/01/2014 to End Date of Usage 12/31/2016. 3 4 10. 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 11. 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 14 15 III. INJURIES 16 12. As a result of taking Zantac/ranitidine, on or about 11/01/2021, Plaintiff was diagnosed with cancer. 17 13. 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 14. 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 15. 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 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 ________________________________________________________________________ 3 4 5 16. 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 17. 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: 04/08/2024 Respectfully Submitted, 17 _/s/ Mark Potter______________ 18 MARK POTTER, ESQUIRE POTTER HANDY LLP 19 ADAM KRAUSE, ESQUIRE 20 KRAUSE AND KINSMAN, 21 LLC (Pro Hac Vice forthcoming) 22 Counsel for Plaintiff(s) 23 24 25 26 27 28 -6- SHORT FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL