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FILED: NEW YORK COUNTY CLERK 01/29/2014 INDEX NO. 150810/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/29/2014
SUPREME COURT OF THE STATE OF NEW YORK SUMMONS
COUNTY OF NEW YORK
-------------------------------------------------------------------X Plaintiff designates New York
ETHEL GITLIN, County as the place of trial.
Plaintiff(s), The basis of the venue is
-against- Defendant BRISTOL-MYERS
SQUIBB COMPANY’s
principal place of business:
BRISTOL-MYERS SQUIBB COMPANY,
SANOFI-AVENTIS U.S., L.L.C., 345 Park Avenue
SANOFI US SERVICES INC., and New York, New York 10145
SANOFI-SYNTHELABO, INC,
Defendants. Index No.:
-------------------------------------------------------------------X Date Summons &
Complaint Filed:
To the above named Defendant(s)
You are hereby summoned to answer the complaint in this action, and to serve a copy
of your answer, or if the complaint is not served with this summons, to serve a notice of appearance
on the plaintiff's attorney(s) within twenty days after the services of this summons exclusive of the
day of service, where service is made by delivery upon you personally within the state, or within 30
days after completion of service where service is made in any other manner. In case of your failure
to appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: Port Washington, NY
January 28, 2014
Yours, etc.
By: _______________________
Michael S. Werner, Esq.
Daniel C. Burke, Esq.
PARKER WAICHMAN LLP
Attorneys for Plaintiff(s)
Office & Post Office Address:
6 Harbor Park Drive
Port Washington, NY 11050
(516) 466-6500
To: BRISTOL-MYERS SQUIBB COMPANY SANOFI-AVENTIS U.S., L.L.C.
345 Park Avenue 400 Somerset Corporate Boulevard, SC4-310A
New York, New York 10145 Bridgewater, New Jersey 08807-0912
SANOFI US SERVICES INC. SANOFI-SYNTHELABO, INC.
400 Somerset Corporate Boulevard, SC4-310A 55 Corporate Drive
Bridgewater, New Jersey 08807-0912 Bridgewater, New Jersey 08807
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
ETHEL GITLIN, Index No.:
Plaintiff(s),
-against-
VERIFIED
BRISTOL-MYERS SQUIBB COMPANY, SHORT FORM COMPLAINT
SANOFI-AVENTIS U.S., L.L.C.,
SANOFI US SERVICES INC., and
SANOFI-SYNTHELABO, INC.,
Defendants.
-------------------------------------------------------------------X
SHORT FORM COMPLAINT
Plaintiff(s) incorporate(s) by reference Plaintiffs’ Master Long Form Complaint in the New
York Coordinated Plavix® litigation, filed on June 18, 2012. Pursuant to Order of this Court dated
January 2, 2013, the following Short Form Complaint is approved for use in this action.
Plaintiff selects and indicates by checking off the appropriate spaces those claims that are
specific to his or her case. Where certain claims require specific pleadings or case-specific facts and
individual information, Plaintiff(s) shall add and include them herein.
1. Plaintiff(s) ETHEL GITLIN, state/s and bring/s this civil action before the Supreme
Court for the State of New York, County of New York as a related action in the New York
Coordinated Plavix® litigation. Plaintiff(s) is/are filing this Short Form Complaint as permitted and
approved by Order of Honorable Cynthia S. Kern, dated January 2, 2013, and adopt/s and
incorporate/s by reference those allegations in the Plaintiffs’ Master Long Form Complaint and any
and all amendments thereto.
2. Venue is proper under Civil Practice Law and Rules § 301 as Defendants named
herein do business within this Court’s jurisdiction.
3. Plaintiff ETHEL GITLIN is a resident and citizen of Florida and claims injuries and
damages as set forth below.
4. [Check if Applicable] Plaintiff’s spouse , a resident and citizen of
, claims injuries and damages as a result of loss of consortium.
5. Plaintiff is over eighteen (18) years of age, and thus is competent to bring the within
action.
6. ____ [Check if Applicable] Plaintiff files this case in a representative capacity as the
[administrator/personal representative/executor/other] _____________________of the estate of
__________________. A copy of the Letters of Administration or other authority to proceed on
behalf of _______________’s estate is annexed hereto if such letters are required for the
commencement of such a claim by the Probate, Surrogate or other appropriate court of the
jurisdiction of the decedent.
ALLEGATIONS AS TO PRODUCT AND INJURIES
7. Plaintiff ingested Plavix® from approximately May 17, 2002 through June 22, 2011.
8. Plaintiff was prescribed Plavix® for the following indication(s):
Stent Placement .
9. At the time of injury Plaintiff was taking [Check one]:
X Plavix® in combination with aspirin.
Plavix® monotherapy (without aspirin).
Unknown at this time, to be supplemented
10. As a result of ingesting Defendants’ Plavix®, Plaintiff was caused to suffer
gastrointestinal hemorrhage, as well as other severe and permanent personal injuries and economic
and other damages, beginning on or about June 22, 2011, and continuing.
11. At the time Plaintiff suffered his/her injury, Plaintiff resided in Florida.
12. Defendants, by their actions or inactions, actually and proximately caused Plaintiff’s
injuries.
13. Plaintiff claims damages as a result of:
X injury to herself/himself
injury to the person represented
wrongful death
survivorship action
X medical expenses
X lost earnings and/or earnings capacity
loss of services
loss of consortium
14. Any applicable statutes of limitations have been tolled by the knowing and active
concealment and denial of the facts as alleged herein by Defendants. Plaintiff has been kept ignorant
of vital information essential to the pursuit of these claims, without any fault or lack of diligence on
his/her part.
15. As a result of the injuries Plaintiff sustained, he/she is entitled to recover
compensatory damages for pain and suffering and emotional distress and for economic loss as well
as punitive damages.
SPECIFIC ALLEGATIONS AND THEORIES OF RECOVERY
16. The following claims and allegations are asserted by Plaintiff in his/her Master Long
Form Complaint and are herein adopted by reference:
X FIRST CAUSE OF ACTION – NEGLIGENCE
X SECOND CAUSE OF ACTION – STRICT PRODUCTS LIABILITY –
DEFECTIVE DESIGN
X THIRD CAUSE OF ACTION – STRICT PRODUCTS LIABILITY –
MANUFACTURING DEFECT
X FOURTH CAUSE OF ACTION – STRICT PRODUCTS LIABILITY –
FAILURE TO WARN
FIFTH CAUSE OF ACTION – BREACH OF EXPRESS WARRANTY
X SIXTH CAUSE OF ACTION – BREACH OF IMPLIED WARRANTIES
SEVENTH CAUSE OF ACTION – FRAUDULENT MISREPRESENTATION
EIGHTH CAUSE OF ACTION – FRAUDULENT CONCEALMENT
X NINTH CAUSE OF ACTION – NEGLIGENT MISREPRESENTATION
TENTH CAUSE OF ACTION – FRAUD AND DECEIT
X ELEVENTH CAUSE OF ACTION – CONSUMER FRAUD
TWELFTH CAUSE OF ACTION – LOSS OF CONSORTIUM
THIRTEENTH CAUSE OF ACTION – WRONGFUL DEATH
X FOURTEENTH CAUSE OF ACTION – PUNITIVE DAMAGES
17. Plaintiff(s) plead/s the above causes of action pursuant to the laws of the State of New
York and of the state of Plaintiff’s residence.
18. [If Plaintiff asserts the Fifth Cause of Action] Plaintiff claims the following express
warranties concerning Plavix® were made by Defendants to Plaintiff and/or Plaintiff’s prescribing
doctor(s):
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
___________________________________________________________________________________.
19. [If Plaintiff asserts the Seventh, Eighth, or Tenth Causes of Action, and to the extent that
particularized pleading as to the Ninth and Eleventh Causes of Action, if also asserted, is required
under the applicable pleading standards] Plaintiff and/or his or her physician(s) relied upon the
following misrepresentations and/or omissions concerning Plavix® that were made by Defendants
(include a description of each misrepresentation or omission, the person making each misrepresentation
or omission, the person to whom the misrepresentation or omission was made, and the date of each
misrepresentation or omission):
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
___________________________________________________________________________________.
PLAINTIFF(S) ASSERT/S THE FOLLOWING ADDITIONAL CAUSES OF ACTION/CASE-
SPECIFIC PLEADINGS/CASE-SPECIFIC FACTS [ATTACH ADDITIONAL PAGES AS
NECESSARY]: Plaintiff pleads the Eleventh Cause of Action under the laws of the State of New York.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff(s) pray for judgment against Defendants as follows:
1. For compensatory damages requested and according to proof;
2. For punitive or exemplary damages against Defendants;
3. For all applicable statutory damages of the state whose laws will govern this action;
4. For an award of attorney’s fees and costs;
5. For prejudgment interest and the costs of suit; and
6. For such other and further relief as this Court may deem just and proper.
JURY DEMAND
Plaintiff(s) hereby demand a trial by jury as to all claims in this action.
Dated: January 28, 2014
Respectfully submitted,
____________________________
Michael S. Werner, Esq.
Daniel C. Burke, Esq.
PARKER WAICHMAN LLP
Attorneys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, New York 11050
Telephone: (516) 466-6500
Facsimile: (516) 466-6665
ATTORNEY’S VERIFICATION
STATE OF NEW YORK )
s.s.:
COUNTY OF NASSAU )
Michael S. Werner, an attorney and counselor at law, duly admitted to practice in the Courts
of the State of New York and a member of the firm, PARKER WAICHMAN LLP attorneys for
Plaintiff (s) herein, affirms the following to be true under penalties of perjury:
I have read the foregoing SHORT FORM COMPLAINT and know of the contents thereof,
and upon information and belief, I believe the matters alleged therein to be true.
The reason this Verification is made by deponent and not by Plaintiff (s) is that Plaintiff (s)
resides in a county other than the one in which your deponent’s office is maintained.
The source of your deponent’s information and the grounds of by belief are communications,
papers, reports and investigations contained in my file.
Dated: Port Washington, New York
January 28, 2014
____________________________________
Michael S. Werner
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
ETHEL GITLIN,
Plaintiff,
-against-
Index No.:
BRISTOL-MYERS SQUIBB COMPANY,
SANOFI-AVENTIS U.S., L.L.C.,
SANOFI-AVENTIS, US, INC., and
SANOFI-SYNTHELABO, INC,
Defendants.
-------------------------------------------------------------------X
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by
filing of the accompanying documents with the County Clerk, is subject to mandatory electronic
filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being
served as required by Subdivision (b) (3) of that Section.
The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the
electronic filing of documents with the County Clerk and the court and for the electronic service of
those documents, court documents, and court notices upon counsel and self-represented parties.
Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required
by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the
Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of
document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that
they lack the computer equipment and (along with all employees) the requisite knowledge to
comply; and 2) self-represented parties who choose not to participate in e-filing. For additional
information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF
website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or
efile@courts.state.ny.us.
Dated: Port Washington, New York
January 28, 2014
By: Michael S. Werner, Esq.
Daniel C. Burke, Esq.
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
(516) 466-6500
(516) 466-6665 (Fax)
MWerner@yourlawyer.com
Attorneys for Plaintiff
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FILED: NEW YORK COUNTY CLERK 01/29/2014 INDEX NO. 150810/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/29/2014 SUPREME COURT OF THE STATE OF NEW YORK SUMMONS COUNTY OF NEW YORK -------------------------------------------------------------------X Plaintiff designates New York ETHEL GITLIN, County as the place of trial. Plaintiff(s), The basis of the venue is -against- Defendant BRISTOL-MYERS SQUIBB COMPANY’s principal place of business: BRISTOL-MYERS SQUIBB COMPANY, SANOFI-AVENTIS U.S., L.L.C., 345 Park Avenue SANOFI US SERVICES INC., and New York, New York 10145 SANOFI-SYNTHELABO, INC, Defendants. Index No.: -------------------------------------------------------------------X Date Summons & Complaint Filed: To the above named Defendant(s) You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorney(s) within twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Port Washington, NY January 28, 2014 Yours, etc. By: _______________________ Michael S. Werner, Esq. Daniel C. Burke, Esq. PARKER WAICHMAN LLP Attorneys for Plaintiff(s) Office & Post Office Address: 6 Harbor Park Drive Port Washington, NY 11050 (516) 466-6500 To: BRISTOL-MYERS SQUIBB COMPANY SANOFI-AVENTIS U.S., L.L.C. 345 Park Avenue 400 Somerset Corporate Boulevard, SC4-310A New York, New York 10145 Bridgewater, New Jersey 08807-0912 SANOFI US SERVICES INC. SANOFI-SYNTHELABO, INC. 400 Somerset Corporate Boulevard, SC4-310A 55 Corporate Drive Bridgewater, New Jersey 08807-0912 Bridgewater, New Jersey 08807 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X ETHEL GITLIN, Index No.: Plaintiff(s), -against- VERIFIED BRISTOL-MYERS SQUIBB COMPANY, SHORT FORM COMPLAINT SANOFI-AVENTIS U.S., L.L.C., SANOFI US SERVICES INC., and SANOFI-SYNTHELABO, INC., Defendants. -------------------------------------------------------------------X SHORT FORM COMPLAINT Plaintiff(s) incorporate(s) by reference Plaintiffs’ Master Long Form Complaint in the New York Coordinated Plavix® litigation, filed on June 18, 2012. Pursuant to Order of this Court dated January 2, 2013, the following Short Form Complaint is approved for use in this action. Plaintiff selects and indicates by checking off the appropriate spaces those claims that are specific to his or her case. Where certain claims require specific pleadings or case-specific facts and individual information, Plaintiff(s) shall add and include them herein. 1. Plaintiff(s) ETHEL GITLIN, state/s and bring/s this civil action before the Supreme Court for the State of New York, County of New York as a related action in the New York Coordinated Plavix® litigation. Plaintiff(s) is/are filing this Short Form Complaint as permitted and approved by Order of Honorable Cynthia S. Kern, dated January 2, 2013, and adopt/s and incorporate/s by reference those allegations in the Plaintiffs’ Master Long Form Complaint and any and all amendments thereto. 2. Venue is proper under Civil Practice Law and Rules § 301 as Defendants named herein do business within this Court’s jurisdiction. 3. Plaintiff ETHEL GITLIN is a resident and citizen of Florida and claims injuries and damages as set forth below. 4. [Check if Applicable] Plaintiff’s spouse , a resident and citizen of , claims injuries and damages as a result of loss of consortium. 5. Plaintiff is over eighteen (18) years of age, and thus is competent to bring the within action. 6. ____ [Check if Applicable] Plaintiff files this case in a representative capacity as the [administrator/personal representative/executor/other] _____________________of the estate of __________________. A copy of the Letters of Administration or other authority to proceed on behalf of _______________’s estate is annexed hereto if such letters are required for the commencement of such a claim by the Probate, Surrogate or other appropriate court of the jurisdiction of the decedent. ALLEGATIONS AS TO PRODUCT AND INJURIES 7. Plaintiff ingested Plavix® from approximately May 17, 2002 through June 22, 2011. 8. Plaintiff was prescribed Plavix® for the following indication(s): Stent Placement . 9. At the time of injury Plaintiff was taking [Check one]: X Plavix® in combination with aspirin. Plavix® monotherapy (without aspirin). Unknown at this time, to be supplemented 10. As a result of ingesting Defendants’ Plavix®, Plaintiff was caused to suffer gastrointestinal hemorrhage, as well as other severe and permanent personal injuries and economic and other damages, beginning on or about June 22, 2011, and continuing. 11. At the time Plaintiff suffered his/her injury, Plaintiff resided in Florida. 12. Defendants, by their actions or inactions, actually and proximately caused Plaintiff’s injuries. 13. Plaintiff claims damages as a result of: X injury to herself/himself injury to the person represented wrongful death survivorship action X medical expenses X lost earnings and/or earnings capacity loss of services loss of consortium 14. Any applicable statutes of limitations have been tolled by the knowing and active concealment and denial of the facts as alleged herein by Defendants. Plaintiff has been kept ignorant of vital information essential to the pursuit of these claims, without any fault or lack of diligence on his/her part. 15. As a result of the injuries Plaintiff sustained, he/she is entitled to recover compensatory damages for pain and suffering and emotional distress and for economic loss as well as punitive damages. SPECIFIC ALLEGATIONS AND THEORIES OF RECOVERY 16. The following claims and allegations are asserted by Plaintiff in his/her Master Long Form Complaint and are herein adopted by reference: X FIRST CAUSE OF ACTION – NEGLIGENCE X SECOND CAUSE OF ACTION – STRICT PRODUCTS LIABILITY – DEFECTIVE DESIGN X THIRD CAUSE OF ACTION – STRICT PRODUCTS LIABILITY – MANUFACTURING DEFECT X FOURTH CAUSE OF ACTION – STRICT PRODUCTS LIABILITY – FAILURE TO WARN FIFTH CAUSE OF ACTION – BREACH OF EXPRESS WARRANTY X SIXTH CAUSE OF ACTION – BREACH OF IMPLIED WARRANTIES SEVENTH CAUSE OF ACTION – FRAUDULENT MISREPRESENTATION EIGHTH CAUSE OF ACTION – FRAUDULENT CONCEALMENT X NINTH CAUSE OF ACTION – NEGLIGENT MISREPRESENTATION TENTH CAUSE OF ACTION – FRAUD AND DECEIT X ELEVENTH CAUSE OF ACTION – CONSUMER FRAUD TWELFTH CAUSE OF ACTION – LOSS OF CONSORTIUM THIRTEENTH CAUSE OF ACTION – WRONGFUL DEATH X FOURTEENTH CAUSE OF ACTION – PUNITIVE DAMAGES 17. Plaintiff(s) plead/s the above causes of action pursuant to the laws of the State of New York and of the state of Plaintiff’s residence. 18. [If Plaintiff asserts the Fifth Cause of Action] Plaintiff claims the following express warranties concerning Plavix® were made by Defendants to Plaintiff and/or Plaintiff’s prescribing doctor(s): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ___________________________________________________________________________________. 19. [If Plaintiff asserts the Seventh, Eighth, or Tenth Causes of Action, and to the extent that particularized pleading as to the Ninth and Eleventh Causes of Action, if also asserted, is required under the applicable pleading standards] Plaintiff and/or his or her physician(s) relied upon the following misrepresentations and/or omissions concerning Plavix® that were made by Defendants (include a description of each misrepresentation or omission, the person making each misrepresentation or omission, the person to whom the misrepresentation or omission was made, and the date of each misrepresentation or omission): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ___________________________________________________________________________________. PLAINTIFF(S) ASSERT/S THE FOLLOWING ADDITIONAL CAUSES OF ACTION/CASE- SPECIFIC PLEADINGS/CASE-SPECIFIC FACTS [ATTACH ADDITIONAL PAGES AS NECESSARY]: Plaintiff pleads the Eleventh Cause of Action under the laws of the State of New York. PRAYER FOR RELIEF WHEREFORE, Plaintiff(s) pray for judgment against Defendants as follows: 1. For compensatory damages requested and according to proof; 2. For punitive or exemplary damages against Defendants; 3. For all applicable statutory damages of the state whose laws will govern this action; 4. For an award of attorney’s fees and costs; 5. For prejudgment interest and the costs of suit; and 6. For such other and further relief as this Court may deem just and proper. JURY DEMAND Plaintiff(s) hereby demand a trial by jury as to all claims in this action. Dated: January 28, 2014 Respectfully submitted, ____________________________ Michael S. Werner, Esq. Daniel C. Burke, Esq. PARKER WAICHMAN LLP Attorneys for Plaintiff(s) 6 Harbor Park Drive Port Washington, New York 11050 Telephone: (516) 466-6500 Facsimile: (516) 466-6665 ATTORNEY’S VERIFICATION STATE OF NEW YORK ) s.s.: COUNTY OF NASSAU ) Michael S. Werner, an attorney and counselor at law, duly admitted to practice in the Courts of the State of New York and a member of the firm, PARKER WAICHMAN LLP attorneys for Plaintiff (s) herein, affirms the following to be true under penalties of perjury: I have read the foregoing SHORT FORM COMPLAINT and know of the contents thereof, and upon information and belief, I believe the matters alleged therein to be true. The reason this Verification is made by deponent and not by Plaintiff (s) is that Plaintiff (s) resides in a county other than the one in which your deponent’s office is maintained. The source of your deponent’s information and the grounds of by belief are communications, papers, reports and investigations contained in my file. Dated: Port Washington, New York January 28, 2014 ____________________________________ Michael S. Werner SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X ETHEL GITLIN, Plaintiff, -against- Index No.: BRISTOL-MYERS SQUIBB COMPANY, SANOFI-AVENTIS U.S., L.L.C., SANOFI-AVENTIS, US, INC., and SANOFI-SYNTHELABO, INC, Defendants. -------------------------------------------------------------------X NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us. Dated: Port Washington, New York January 28, 2014 By: Michael S. Werner, Esq. Daniel C. Burke, Esq. Parker Waichman LLP 6 Harbor Park Drive Port Washington, NY 11050 (516) 466-6500 (516) 466-6665 (Fax) MWerner@yourlawyer.com Attorneys for Plaintiff