Preview
MID L 003088-20 05/05/2020 Pg 1 of6 Trans ID: LCV2020931176
ay
Karen Beyea-Schroeder, Esq Noo >
NJ Bar No.023131997 Mi
BURNETT LAW FIRM.
yey ©
3737 Buffalo Speedway, Ste. 1850 NW 30
Houston, TX 77098
Tel: (832) 413-4410 j
Fax: (832) 900-2120
Karen.Schroeder@RBurnettLaw.com
Attorneys for Plaintiff(s)
CARMELLA CORA. SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff,
Vv, CASE TYPE: MCL NO. 628
SANOFI S.A MASTER DOCKET NO.
AVENTIS PHARMA S.A MID-L-4998-18-CM
SANOFT U.S. SERVICES INC.
formerly known as SANOFI-AVENTIS
US. INC. DOCKET NO. MID-L-
SANOFI-AVENTIS U.S. LLC.
separately and doing business as
WINTHROP U.S.
SANDOZ, INC. CIVIL ACTION
HOSPIRA, INC. IN RE TAXOTERE LITIGATION
HOSPIRA WORLDWIDE, LLC formerly
known as HOSPIRA WORLDWIDE, INC.
ACCORD HEALTHCARE, INC.
MCKESSON CORPORATION doing
business as MCKESSON PACKAGING:
SUN PHARMA GLOBAL FZE:
SUN PHARMACEUTICAL INDUSTRIES. > THIRD AMENDED MASTER SHORT
INC. formerly known as CARACO FORM COMPLAINT
PHARMACEUTICAL LABORATORIES & JURY DEMAND
LTD
ACTAVIS LLC formerly known as
[che
ACTAVIS INC.
ACTAVIS PHARMA, INC sons 46, DATE 3
PFIZER, INC.
SAGENT PHARMACEUTICALS INC
cHKicAmo # [498 fooweete natn
AND FEE $A) 0V
JOHN DOE DRUG COMPANY OvP
DEFENDANTS #1-10. COPY/SANC §$
Defendants
TOTAL 82-00
MID L 003088-20 05/05/2020 Pg 2 of 6 Trans ID: LCV2020931176
Paragraphs 9-148. .
B Other allegations of jurisdiction and venue:
N/A
Brand Product(s) used by Plaintiff (check applicable)
Oo A Taxotere
a B. Docefrez.
O Docetaxel Injection
O Docetaxel Injection Concentrate
DAAI7]X| EB. Unknown
O F, Other:
First date and last date of use (or approximate date range, if specific dates are unknown)
for Products identified in question 8:
2/18/14 and 6/3/14, approximate.
10 State in which Product(s) identified in question 8 was/were administered:
Pennsylvania
11 Nature and extent of alleged injury (including duration, approximate date of onset af
known), and description of alleged injury):
EXTENSIVE ALOPECIA, DOES NOT CURRENTLY RECALL DATE OF ONSET,
UNTIL PRESENT.
MID L 003088-20 05/05/2020 Pg 3 of 6 Trans ID: LCV2020931176
12. Counts in Master Complaint brought by Plaintiff:
DRZLvx] Count I — Failure to Warn Under New Jersey Products Liability Act
D>cqAI| Count II — Strict Products Liability - Design and Manufacturing Under New
Jersey Products Liability Act
bSaAs] Count HI — Breach of Express Warranty - Sanofi $.A., Aventis Pharma S8.A.,
Sanofi U.S. Services Inc., formerly known as Sanofi-Aventis U.S. Inc., and
Sanofi-Aventis U.S. LLC, separately and doing business as Winthrop US
Count IV — Breach of Express Warranty — Sandoz, Inc.
DbSZYSq Count V — Breach of Express Warranty — Hospira, Inc., and Hospira
Worldwide, LLC formerly known as Hospira Worldwide, Inc.
>ZA x] Count VI -- Breach of Express Warranty — Accord Healthcare, Inc. and
McKesson Corporation doing business as McKesson Packaging
DSA
A <| Count VI — Breach of Express Warranty — Sun Pharma Global FZE and Sun
Pharmaceutical Industries, Inc. formerly known as Caraco Pharmaceutical
Laboratories, Ltd
DR27
ANJ Count VII — Breach of Express Warranty — Actavis Pharma, Inc.; Actavis
LLC formerly known as Actavis Inc.; and Sagent Pharmaceuticals, Inc.
MID L 003088-20 05/05/2020 Pg 4 of 6 Trans ID: LCV2020931176
Count [IX — Breach of Express Warranty ~— Pfizer, Inc.
Count X — Loss of Consortium
Other: Plaintiff(s) may assert the additional theories and/or State Causes of
Action against Defendant(s) identified by selecting “Other” and setting forth
such claims below. If Plaintiff(s) includes additional theories of recovery, the
specific facts and allegations supporting additional theories must be pleaded
by Plaintiff in sufficient detail.
>SH}
A| Jury Trial is Demanded as to All Counts
O Jury Trial is NOT Demanded as to Any Count
13 Plaintiff has suffered and will continue to suffer pain, suffering, disability, impairment,
loss of enjoyment of life, inability to engage in chosen and necessary activities, and/or
economic damages, as a result of the administration of the designated product(s).
WHEREFORE, Pilaintiff(s) demand(s) Judgment against the Defendants awarding
compensatory damages, attorney’s fees, interest, costs of suit and such further relief as the Court
deems equitable and just.
Dated: April {2020 BURNETT LAW FIRM.
By
Jaren Beyea-Schr der, Esq.
NJ Bar No.023131997
3737 Buffalo Speedway, Ste. 1850
Houston, TX 77098
Tel: (832) 413-4410
Fax: (832) 900-2120
Karen.Schroeder@RBurnettLaw.com
Attorneys for Plaintiff(s)
MID L 003088-20 05/05/2020 Pg 5 of 6 Trans ID: LCV2020931176
DESIGNATION OF TRIAL COUNSEL
Pursuant to New Jersey Court Rule 4:25-4, KAREN BEYEA-SCHROEDER is hereby
designated as trial counsel.
By
aren Beyea-Schr der, Esq.
NJ Bar No.023131997
BURNETT LAW FIRM
3737 Buffalo Speedway, Ste. 1850
Houston, TX 77098
Tel: (832) 413-4410
Fax: (832) 900-2120
Karen.Schroeder@RBurnettLaw.com
Attorneys for Plaintiff(s)
RULE 4:5-1 CERTIFICATION
Thereby certify that to the best of my knowledge the matter in controversy is the subject of
numerous other actions filed in the Superior Court, all of which are consolidated and designated
as and under Master Docket No. MID-L-4998-18-CM, and that no other parties are necessary to
join at this time.
I certify that the dispute about which I am suing is not the subject of any other action
pending in any other court or a pending arbitration proceeding to the best of my knowledge and
belief. Also, to the best of my knowledge and belief no other action or arbitration proceeding is
contemplated. Further, other than the parties set forth in this complaint, I know of no other parties
that should be made a part of this lawsuit, In addition, I recognize my continuing obligation to file
and serve on all parties and the court an amended certification if there is a change in the facts stated
in this original certification.
MID L 003088-20 05/05/2020 Pg 6 of6 Trans ID: LCV2020931176
Appendix XTI-B1
sy ay aen a oNNg
CIVIL CASE INFORMATION STATEMENT PAYMENT TYPE: Cex. Licc Tica,
se
Oey (CIS) CHG/cK NO. ‘
NcA Use for initial Law Division AMOUNT:
soo) )=) He Bay
Aff Civil Part pleadings (not motions) under Rule 4:5-1 BOP wo
SYA Pleading will be rejected for filing, under Rule 1:5-6(c),
aud OVERPAYMEt ONT So
if information above the black bar is not completed tr
or attorney's signature is not affixed BATCH NUMBER: thee)
ATTORNEY / PRO SE NAME TELEPHONE NUMBER COUNTY OF VENUE
Karen Beyea-Schroeder (832) 413-4410 Middlesex
FIRM NAME (if applicable) DOCKET NUMBER (when available)
Burnett Law Firm
OFFICE ADDRESS. DOCUMENT TYPE
3737 Buffalo Speedway Complaint
Suite 1850
Houston, TX 77098 JURY DEMAND: Yes O No
NAME OF PARTY (e.g., John Doe, Plaintiff) CAPTION
Carmella Cora, Plaintiff CARMELLA CORA v. SANOFI U.S. SERVICES INC., formerly known
as SANOFI-AVENTIS U.S. INC.; et al.
CASE TYPE NUMBER HURRICANE SANDY
{See reverse side for listing) RELATED? \S THIS A PROFESSIONAL MALPRACTICE CASE? (] Yes No
606 © Yes No IF YOU HAVE CHECKED “YES,” SEE NJ.S.A. 24:53 A-27 AND APPLICABLE CASE LAW
REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT.
RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS
Yes No see below
DO YOU ANTICIPATE ADDING ANY PARTIES. NAME OF DEFENDANT'S PRIMARY INSURANCE GOMPANY (if known)
(arising out of same transaction or occurrence)?
O None
O Yes IB No UNKNOWN
Me OU e conde) Be eens On met aN Usce) 001-1D0 Naked =i]
8) a1 (ey
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE iS APPROPRIATE FOR MEDIATION
DO PARTIES HAVE A CURRENT, PAST OR. IF YES, IS THAT RELATIONSHIP:
RECURRENT RELATIONSHIP? (1 eMPLovER/eMPLoYEE O FRIeNo/NEIGHEOR G Otner (explain)
0 Yes Hi to 1 Fama (7 Business
DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? O Yes No
USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT
OR
ACCELERATED DISPOSITION
This is a pharmaceutical defect case against NJ-based companies for which there is an MCL before Judge Hyland.
(&.
DO YOU OR YOUR CLIENT NEEO ANY DISABILITY ACCOMMODATIONS? IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION.
O Yes HI No
Wit AN INTERPRETER BE NEEDED? IF YES, FOR WHAT LANGUAGE?
O Yes No
\ certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be
redacted from all documents/submitted inAhe future in agegqrdance with Rule 1:38-7(b).
ATTORNEY SIGNATURE: ADre [Sry Wry
Effective 06/05/2017, CN 10517 page 1 of 2
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MID L 003088-20 05/05/2020 Pg 1 of6 Trans ID: LCV2020931176 ay Karen Beyea-Schroeder, Esq Noo > NJ Bar No.023131997 Mi BURNETT LAW FIRM. yey © 3737 Buffalo Speedway, Ste. 1850 NW 30 Houston, TX 77098 Tel: (832) 413-4410 j Fax: (832) 900-2120 Karen.Schroeder@RBurnettLaw.com Attorneys for Plaintiff(s) CARMELLA CORA. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiff, Vv, CASE TYPE: MCL NO. 628 SANOFI S.A MASTER DOCKET NO. AVENTIS PHARMA S.A MID-L-4998-18-CM SANOFT U.S. SERVICES INC. formerly known as SANOFI-AVENTIS US. INC. DOCKET NO. MID-L- SANOFI-AVENTIS U.S. LLC. separately and doing business as WINTHROP U.S. SANDOZ, INC. CIVIL ACTION HOSPIRA, INC. IN RE TAXOTERE LITIGATION HOSPIRA WORLDWIDE, LLC formerly known as HOSPIRA WORLDWIDE, INC. ACCORD HEALTHCARE, INC. MCKESSON CORPORATION doing business as MCKESSON PACKAGING: SUN PHARMA GLOBAL FZE: SUN PHARMACEUTICAL INDUSTRIES. > THIRD AMENDED MASTER SHORT INC. formerly known as CARACO FORM COMPLAINT PHARMACEUTICAL LABORATORIES & JURY DEMAND LTD ACTAVIS LLC formerly known as [che ACTAVIS INC. ACTAVIS PHARMA, INC sons 46, DATE 3 PFIZER, INC. SAGENT PHARMACEUTICALS INC cHKicAmo # [498 fooweete natn AND FEE $A) 0V JOHN DOE DRUG COMPANY OvP DEFENDANTS #1-10. COPY/SANC §$ Defendants TOTAL 82-00 MID L 003088-20 05/05/2020 Pg 2 of 6 Trans ID: LCV2020931176 Paragraphs 9-148. . B Other allegations of jurisdiction and venue: N/A Brand Product(s) used by Plaintiff (check applicable) Oo A Taxotere a B. Docefrez. O Docetaxel Injection O Docetaxel Injection Concentrate DAAI7]X| EB. Unknown O F, Other: First date and last date of use (or approximate date range, if specific dates are unknown) for Products identified in question 8: 2/18/14 and 6/3/14, approximate. 10 State in which Product(s) identified in question 8 was/were administered: Pennsylvania 11 Nature and extent of alleged injury (including duration, approximate date of onset af known), and description of alleged injury): EXTENSIVE ALOPECIA, DOES NOT CURRENTLY RECALL DATE OF ONSET, UNTIL PRESENT. MID L 003088-20 05/05/2020 Pg 3 of 6 Trans ID: LCV2020931176 12. Counts in Master Complaint brought by Plaintiff: DRZLvx] Count I — Failure to Warn Under New Jersey Products Liability Act D>cqAI| Count II — Strict Products Liability - Design and Manufacturing Under New Jersey Products Liability Act bSaAs] Count HI — Breach of Express Warranty - Sanofi $.A., Aventis Pharma S8.A., Sanofi U.S. Services Inc., formerly known as Sanofi-Aventis U.S. Inc., and Sanofi-Aventis U.S. LLC, separately and doing business as Winthrop US Count IV — Breach of Express Warranty — Sandoz, Inc. DbSZYSq Count V — Breach of Express Warranty — Hospira, Inc., and Hospira Worldwide, LLC formerly known as Hospira Worldwide, Inc. >ZA x] Count VI -- Breach of Express Warranty — Accord Healthcare, Inc. and McKesson Corporation doing business as McKesson Packaging DSA A <| Count VI — Breach of Express Warranty — Sun Pharma Global FZE and Sun Pharmaceutical Industries, Inc. formerly known as Caraco Pharmaceutical Laboratories, Ltd DR27 ANJ Count VII — Breach of Express Warranty — Actavis Pharma, Inc.; Actavis LLC formerly known as Actavis Inc.; and Sagent Pharmaceuticals, Inc. MID L 003088-20 05/05/2020 Pg 4 of 6 Trans ID: LCV2020931176 Count [IX — Breach of Express Warranty ~— Pfizer, Inc. Count X — Loss of Consortium Other: Plaintiff(s) may assert the additional theories and/or State Causes of Action against Defendant(s) identified by selecting “Other” and setting forth such claims below. If Plaintiff(s) includes additional theories of recovery, the specific facts and allegations supporting additional theories must be pleaded by Plaintiff in sufficient detail. >SH} A| Jury Trial is Demanded as to All Counts O Jury Trial is NOT Demanded as to Any Count 13 Plaintiff has suffered and will continue to suffer pain, suffering, disability, impairment, loss of enjoyment of life, inability to engage in chosen and necessary activities, and/or economic damages, as a result of the administration of the designated product(s). WHEREFORE, Pilaintiff(s) demand(s) Judgment against the Defendants awarding compensatory damages, attorney’s fees, interest, costs of suit and such further relief as the Court deems equitable and just. Dated: April {2020 BURNETT LAW FIRM. By Jaren Beyea-Schr der, Esq. NJ Bar No.023131997 3737 Buffalo Speedway, Ste. 1850 Houston, TX 77098 Tel: (832) 413-4410 Fax: (832) 900-2120 Karen.Schroeder@RBurnettLaw.com Attorneys for Plaintiff(s) MID L 003088-20 05/05/2020 Pg 5 of 6 Trans ID: LCV2020931176 DESIGNATION OF TRIAL COUNSEL Pursuant to New Jersey Court Rule 4:25-4, KAREN BEYEA-SCHROEDER is hereby designated as trial counsel. By aren Beyea-Schr der, Esq. NJ Bar No.023131997 BURNETT LAW FIRM 3737 Buffalo Speedway, Ste. 1850 Houston, TX 77098 Tel: (832) 413-4410 Fax: (832) 900-2120 Karen.Schroeder@RBurnettLaw.com Attorneys for Plaintiff(s) RULE 4:5-1 CERTIFICATION Thereby certify that to the best of my knowledge the matter in controversy is the subject of numerous other actions filed in the Superior Court, all of which are consolidated and designated as and under Master Docket No. MID-L-4998-18-CM, and that no other parties are necessary to join at this time. I certify that the dispute about which I am suing is not the subject of any other action pending in any other court or a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my knowledge and belief no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this complaint, I know of no other parties that should be made a part of this lawsuit, In addition, I recognize my continuing obligation to file and serve on all parties and the court an amended certification if there is a change in the facts stated in this original certification. MID L 003088-20 05/05/2020 Pg 6 of6 Trans ID: LCV2020931176 Appendix XTI-B1 sy ay aen a oNNg CIVIL CASE INFORMATION STATEMENT PAYMENT TYPE: Cex. Licc Tica, se Oey (CIS) CHG/cK NO. ‘ NcA Use for initial Law Division AMOUNT: soo) )=) He Bay Aff Civil Part pleadings (not motions) under Rule 4:5-1 BOP wo SYA Pleading will be rejected for filing, under Rule 1:5-6(c), aud OVERPAYMEt ONT So if information above the black bar is not completed tr or attorney's signature is not affixed BATCH NUMBER: thee) ATTORNEY / PRO SE NAME TELEPHONE NUMBER COUNTY OF VENUE Karen Beyea-Schroeder (832) 413-4410 Middlesex FIRM NAME (if applicable) DOCKET NUMBER (when available) Burnett Law Firm OFFICE ADDRESS. DOCUMENT TYPE 3737 Buffalo Speedway Complaint Suite 1850 Houston, TX 77098 JURY DEMAND: Yes O No NAME OF PARTY (e.g., John Doe, Plaintiff) CAPTION Carmella Cora, Plaintiff CARMELLA CORA v. SANOFI U.S. SERVICES INC., formerly known as SANOFI-AVENTIS U.S. INC.; et al. CASE TYPE NUMBER HURRICANE SANDY {See reverse side for listing) RELATED? \S THIS A PROFESSIONAL MALPRACTICE CASE? (] Yes No 606 © Yes No IF YOU HAVE CHECKED “YES,” SEE NJ.S.A. 24:53 A-27 AND APPLICABLE CASE LAW REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT. RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS Yes No see below DO YOU ANTICIPATE ADDING ANY PARTIES. NAME OF DEFENDANT'S PRIMARY INSURANCE GOMPANY (if known) (arising out of same transaction or occurrence)? O None O Yes IB No UNKNOWN Me OU e conde) Be eens On met aN Usce) 001-1D0 Naked =i] 8) a1 (ey CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE iS APPROPRIATE FOR MEDIATION DO PARTIES HAVE A CURRENT, PAST OR. IF YES, IS THAT RELATIONSHIP: RECURRENT RELATIONSHIP? (1 eMPLovER/eMPLoYEE O FRIeNo/NEIGHEOR G Otner (explain) 0 Yes Hi to 1 Fama (7 Business DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? O Yes No USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED DISPOSITION This is a pharmaceutical defect case against NJ-based companies for which there is an MCL before Judge Hyland. (&. DO YOU OR YOUR CLIENT NEEO ANY DISABILITY ACCOMMODATIONS? IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION. O Yes HI No Wit AN INTERPRETER BE NEEDED? IF YES, FOR WHAT LANGUAGE? O Yes No \ certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents/submitted inAhe future in agegqrdance with Rule 1:38-7(b). ATTORNEY SIGNATURE: ADre [Sry Wry Effective 06/05/2017, CN 10517 page 1 of 2