Preview
FILED: NEW YORK COUNTY CLERK 12/12/2016 04:56 PM INDEX NO. 150818/2014
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/12/2016
SUPREME COURT OFTHE STATE OFNEW YORK
COUNTY OFNEW YORK
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:
IN RE:PLAVIX PRODUCTS LIABILITY LITIGATION : IndexNo.776000/2013
: Hon.Cynthia S.Kern
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DENNIS MORGAN, : VERIFIED ANSW ER TO
: SHORT FORM
: COMPLAINT
:
:
: IndexNo.150818/2014
Plaintiff, :
-against- :
:
BRISTOL-MYERS SQUIBB COMPANY, :
SANOFI-AVENTIS U. S. ,L. L.C. , :
SANOFIUS SERVICES INC. ,and :
SANOFI-SYNTHELABO,INC. , :
:
Defendants. :
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Defendants Bristol-Myers SquibbCompany (“BMS”)and Sanofi-Aventis U. S.LLC,
Sanofi US Services Inc. ,and Sanofi-Synthelabo LLC (f/k/a Sanofi-Synthelabo,Inc. )
(collectively,“Sanofi”),by and through undersigned counsel,hereby answer Plaintiff’s Short
Form Complaint (the “Complaint”).Defendants incorporate by reference each and every
response set forth in their Answer to Master Complaint,filed on October 14,2016,and any and
all amendments thereto,as iffully set forth herein.
As to the numbered Paragraphs in Plaintiff’s Complaint,Defendants respond as follows.
All allegations are denied unless specifically admitted.
1. Answeringthe allegations ofParagraph 1,Defendants incorporate by
reference each and every response set forth in their Answer to Master Complaint,filed on
October 14,2016,and any and all amendments thereto,as iffully set forth herein.
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Defendants admit that Plaintiffs have brought this action against BMS and Sanofi but deny that
Plaintiffs are entitled to any reliefagainst BMS or Sanofi whatsoever.
2. The allegations in Paragraph 2assert legal conclusions to which no response is
required.To the extent a response is deemed necessary,Defendants deny the same.
3. Defendants lack knowledge or information sufficient to form a beliefas to the
allegations in Paragraph 3and therefore deny the same.
4. The allegations in Paragraph 4require no response.
5. Defendants lack knowledge or information sufficient to form a beliefas to the
allegations in Paragraph 5and therefore deny the same.
6. The allegations in Paragraph 6require no response.
ALLEGATIONSASTO PRODUCT AND INJURIES
7. Defendants lack knowledge or information sufficient to form a beliefas to the
allegations in Paragraph 7and therefore deny the same.
8. Defendants lack knowledge or information sufficient to form a beliefas to the
allegations in Paragraph 8and therefore deny the same.
9. Defendants lack knowledge or information sufficient to form a beliefas to the
allegations in Paragraph 9and therefore deny the same.
10. To the extent Paragraph 10alleges that Plaintiffsuffered any injuries,losses,or
damages,Defendants lack knowledge or information sufficient to form a beliefas to the
allegations and therefore deny the same.To the extent Paragraph 10alleges any wrongdoingor
wrongful acts by BMS and Sanofi or alleges that BMS or Sanofi are liable to Plaintiffor that
Plaintiffis entitled to any reliefin this action,BMS and Sanofi deny the same.
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11. Defendants lack knowledge or information sufficient to form a beliefas to
the allegations in Paragraph 11and therefore deny the same.
12. Defendants deny the allegations in Paragraph 12.
13. Answeringthe allegations ofParagraph 13,Defendants admit that Plaintiff
seeks damages in this action but deny that Plaintiffis entitled to any reliefagainst BMS
or Sanofi whatsoever.
14. Defendants deny the allegations in Paragraph 14.
15. Defendants deny the allegations in Paragraph 15.
SPECIFIC ALLEGATIONSAND THEORIESOFRECOVERY
16. The allegations in Paragraph 16require no response.To the extent a
response is deemed necessary,Defendants incorporate by reference each and every
response set forth in their Answer to Master Complaint,filed on October 14,2016,and
any and all amendments thereto,as iffully set forth herein.
17. Defendants lack knowledge or information sufficient to form a beliefas to
the allegations in Paragraph 17and therefore deny the same.
18. The allegations in Paragraph 18require no response.To the extent a
response is deemed necessary,they are hereby denied.
19. The allegations in Paragraph 19require no response.To the extent a
response is deemed necessary,they are hereby denied.
AFFIRMATIVE DEFENSES
Defendants incorporate by reference each and every Affirmative Defense set forth in
their Answer to Master Complaint,filed on October 14,2016,and any and all amendments
thereto as iffully set forth herein.
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PRAYER FOR RELIEF
W HEREFORE,Defendants,havingfully answered Plaintiff’s Complaint,pray that
Plaintifftakes nothingby this suit and demand as follows:
1. That Plaintiff’s Complaint be dismissed with prejudice on the merits;
2. That Defendants recover their costs and disbursements herein expended to the extent
permitted under applicable law;
3. That Defendants be granted leave to file an amended pleadingupon conclusion ofreasonable
discovery,ifnecessary,and all other reliefto which they are justly entitled.
Respectfully submitted,
/s/John Cheever
Anand Agneshwar
anand. agneshwar@ aporter. com
John Cheever
john. cheever@ aporter. com
ARNOLD & PORTER LLP
399Park Avenue
New York,NY 10022
Telephone No.(212)715-1000
Daniel S.Pariser
daniel. pariser@ aporter. com
ARNOLD & PORTER LLP
601Massachusetts Avenue,NW
Washington,D. C.20001
Telephone No.(202)942-5000
Attorneys for Defendants Bristol-Myers Squibb
Company, Sanofi-Aventis U.S. LLC, Sanofi US
Services Inc., and Sanofi-Synthelabo LLC
Dated:New York,NY
December 12,2016
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Preview
FILED: NEW YORK COUNTY CLERK 12/12/2016 04:56 PM INDEX NO. 150818/2014 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/12/2016 SUPREME COURT OFTHE STATE OFNEW YORK COUNTY OFNEW YORK ------------------------------------------------------------------------- x : IN RE:PLAVIX PRODUCTS LIABILITY LITIGATION : IndexNo.776000/2013 : Hon.Cynthia S.Kern ------------------------------------------------------------------------- x DENNIS MORGAN, : VERIFIED ANSW ER TO : SHORT FORM : COMPLAINT : : : IndexNo.150818/2014 Plaintiff, : -against- : : BRISTOL-MYERS SQUIBB COMPANY, : SANOFI-AVENTIS U. S. ,L. L.C. , : SANOFIUS SERVICES INC. ,and : SANOFI-SYNTHELABO,INC. , : : Defendants. : ------------------------------------------------------------------------- x Defendants Bristol-Myers SquibbCompany (“BMS”)and Sanofi-Aventis U. S.LLC, Sanofi US Services Inc. ,and Sanofi-Synthelabo LLC (f/k/a Sanofi-Synthelabo,Inc. ) (collectively,“Sanofi”),by and through undersigned counsel,hereby answer Plaintiff’s Short Form Complaint (the “Complaint”).Defendants incorporate by reference each and every response set forth in their Answer to Master Complaint,filed on October 14,2016,and any and all amendments thereto,as iffully set forth herein. As to the numbered Paragraphs in Plaintiff’s Complaint,Defendants respond as follows. All allegations are denied unless specifically admitted. 1. Answeringthe allegations ofParagraph 1,Defendants incorporate by reference each and every response set forth in their Answer to Master Complaint,filed on October 14,2016,and any and all amendments thereto,as iffully set forth herein. 1 of 5 Defendants admit that Plaintiffs have brought this action against BMS and Sanofi but deny that Plaintiffs are entitled to any reliefagainst BMS or Sanofi whatsoever. 2. The allegations in Paragraph 2assert legal conclusions to which no response is required.To the extent a response is deemed necessary,Defendants deny the same. 3. Defendants lack knowledge or information sufficient to form a beliefas to the allegations in Paragraph 3and therefore deny the same. 4. The allegations in Paragraph 4require no response. 5. Defendants lack knowledge or information sufficient to form a beliefas to the allegations in Paragraph 5and therefore deny the same. 6. The allegations in Paragraph 6require no response. ALLEGATIONSASTO PRODUCT AND INJURIES 7. Defendants lack knowledge or information sufficient to form a beliefas to the allegations in Paragraph 7and therefore deny the same. 8. Defendants lack knowledge or information sufficient to form a beliefas to the allegations in Paragraph 8and therefore deny the same. 9. Defendants lack knowledge or information sufficient to form a beliefas to the allegations in Paragraph 9and therefore deny the same. 10. To the extent Paragraph 10alleges that Plaintiffsuffered any injuries,losses,or damages,Defendants lack knowledge or information sufficient to form a beliefas to the allegations and therefore deny the same.To the extent Paragraph 10alleges any wrongdoingor wrongful acts by BMS and Sanofi or alleges that BMS or Sanofi are liable to Plaintiffor that Plaintiffis entitled to any reliefin this action,BMS and Sanofi deny the same. 2 2 of 5 11. Defendants lack knowledge or information sufficient to form a beliefas to the allegations in Paragraph 11and therefore deny the same. 12. Defendants deny the allegations in Paragraph 12. 13. Answeringthe allegations ofParagraph 13,Defendants admit that Plaintiff seeks damages in this action but deny that Plaintiffis entitled to any reliefagainst BMS or Sanofi whatsoever. 14. Defendants deny the allegations in Paragraph 14. 15. Defendants deny the allegations in Paragraph 15. SPECIFIC ALLEGATIONSAND THEORIESOFRECOVERY 16. The allegations in Paragraph 16require no response.To the extent a response is deemed necessary,Defendants incorporate by reference each and every response set forth in their Answer to Master Complaint,filed on October 14,2016,and any and all amendments thereto,as iffully set forth herein. 17. Defendants lack knowledge or information sufficient to form a beliefas to the allegations in Paragraph 17and therefore deny the same. 18. The allegations in Paragraph 18require no response.To the extent a response is deemed necessary,they are hereby denied. 19. The allegations in Paragraph 19require no response.To the extent a response is deemed necessary,they are hereby denied. AFFIRMATIVE DEFENSES Defendants incorporate by reference each and every Affirmative Defense set forth in their Answer to Master Complaint,filed on October 14,2016,and any and all amendments thereto as iffully set forth herein. 3 3 of 5 PRAYER FOR RELIEF W HEREFORE,Defendants,havingfully answered Plaintiff’s Complaint,pray that Plaintifftakes nothingby this suit and demand as follows: 1. That Plaintiff’s Complaint be dismissed with prejudice on the merits; 2. That Defendants recover their costs and disbursements herein expended to the extent permitted under applicable law; 3. That Defendants be granted leave to file an amended pleadingupon conclusion ofreasonable discovery,ifnecessary,and all other reliefto which they are justly entitled. Respectfully submitted, /s/John Cheever Anand Agneshwar anand. agneshwar@ aporter. com John Cheever john. cheever@ aporter. com ARNOLD & PORTER LLP 399Park Avenue New York,NY 10022 Telephone No.(212)715-1000 Daniel S.Pariser daniel. pariser@ aporter. com ARNOLD & PORTER LLP 601Massachusetts Avenue,NW Washington,D. C.20001 Telephone No.(202)942-5000 Attorneys for Defendants Bristol-Myers Squibb Company, Sanofi-Aventis U.S. LLC, Sanofi US Services Inc., and Sanofi-Synthelabo LLC Dated:New York,NY December 12,2016 4 4 of 5 5 of 5