Preview
19497371504 14:52:20 09-14-2018 2/16
FILED BY FAX
ALAMEDA COUNTY
Ramon Rossi Lopez, Bar No. 86361
September 14, 2018
Matthew Ramon Lopez, Bar No. 263134
Amorina Patrice Lopez, Bar No. 278002 CLERK OF
THE SUPERIOR COURT
NV
LOPEZ McHUGH LLP By Alicia Espinoza, Deputy
100 Bayview Circle, Suite 5600
WD
CASE NUMBER:
Newport Beach, California 92660 RG18920775
FF
Phone: (949) 737-1501
Fax: (949) 737-1504
HH
rlopez@lopezmchugh.com
mlopez@lopezmchugh.com
SD
alopez@lopezmchugh.com
Counsel for Plaintiffs
fo
SUPERIOR COURT OF THE STATE OF CALIFORNIA
oOo
10 FOR THE COUNTY OF ALAMEDA
11 JERRY DUNSON, et al., Lead Case No. RG16812476
12
Plaintiffs, AND ALL RELATED CASES
13
v. ASSIGNED FOR ALL PURPOSES TO
HON. BRAD SELIGMAN
15 CORDIS CORPORATION, ef ai., DEPARTMENT 23
16 Defendants.
17
18 MICHELLE WATSON, ef al., Individual Case No.
Plaintiffs, SHORT-FORM COMPLAINT FOR
v. DAMAGES FOR INDIVIDUAL ACTIONS
20
CORDIS CORPORATION, ef ai.,
21
BY FAX
22 Defendants.
23
Plaintiff(s) listed in the caption above and further identified below, for their Complaint against
24
Defendants CORDIS CORPORATION (“Cordis”), JOHNSON & JOHNSON (“J&J), CONFLUENT
25
MEDICAL TECHNOLOGIES, INC. (“Confluent”), and DOES 1 through 50, incorporate the Master
26
Complaint for Damages filed and entered on April 9, 2018, in Dunson, et al. v. Cordis Corp., et al.,
27
Lead Case No. RG1681246. Plaintiff(s) further show the Court as follows:
28
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:52:47 09-14-2018 3/16
Plaintiff(s) [List all Plaintiffs by name]: MICHELLE WATSON, an individual, TOMMY|
He
SMITH and KELLY SMITH, individually, and as husband and wife: HELEN BELLEW, an
individual; ELIZABETH EVANS, an individual; MARK JACOBS, an individual: ANTHONY]
WY
CARTER, an individual: and JOHN KERN and ANNA KERN, individually, and as husband and!
SF
wife.
AH
DR
PARTIES AND CASE-SPECIFIC FACTS
SN
l. Plaintiff/Deceased Party 1: Michelle Watson
OS
Plaintiff(s) making Loss of Consortium claim (if any): N/A
oO
Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor,
tot
Co
1] guardian, conservator): N/A
Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time off
implant: Michigan
Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time off
injury: Michigan
Plaintiffs current state(s) [if more than one Plaintiff] of residence: Michigan
Defendants (check Defendants against whom Complaint is made):
M Cordis Corporation
M Johnson & Johnson
M Confluent Medical Technologies
M Does 1 through 50
Cordis IVC Filter(s) (check applicable IVC Filter):
[1 Trapease® Vena Cava Filter
() Optease® Vena Cava Filter
h. Date(s) of Implantation(s) for each device:
Qn or about November 19, 2008
i, The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death
to Plaintiff/Decedent, including, but not limited to:
2
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:53:17 09-14-2018 4/16
1 Plaintiff's symptoms and injuries include, but are not limited to IVC thrombosis, bilateral
2 extremity swelling, and pain. The filter poses a progressive risk of perforation of the vena
3 cava and surrounding vital organs. vessels and structures, which can result in severe pain and
4 life-threatening complications. It also poses an increased and progressive risk of migration!
5 and fracture causing serious injury and death. Plaintiff is forced to live with the possibility
6 that these complications can happen at any moment which has led Plaintiff to severe fear]
7 stress, anxiety and loss of enjoyment of life.
8
9 2. Plaintiff/Deceased Party 2: Tommy Smith
10 a. Plaintiff(s) making Loss of Consortium claim (if any): Kelly Smith
11 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor,
12 guardian, conservator): N/A
13 c. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
14 implant: Texas
15 d. Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
16 injury: Texas
17 e. Plaintiffs current state(s) [if more than one Plaintiff] of residence: Arkansas
18 f. Defendants (check Defendants against whom Complaint is made):
19 M Cordis Corporation
20 M Johnson & Johnson
21 M Confluent Medical Technologies
22 M Does 1 through 50
23 g. Cordis IVC Filter(s) (check applicable IVC Filter):
24 () Trapease® Vena Cava Filter
25 MJ Optease® Vena Cava Filter
26 h. Date(s) of Implantation(s) for each device:
27 On or about April 19, 2014
28
3
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:53:48 09-14-2018 5/16
1 i, The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death!
2 to Plaintiff/Decedent, including, but not limited to:
3 Plaintiff's symptoms and injuries include, but are not limited to acute unstable right lower
4 extremity DVT, and filter is unable to be retrieved, As a direct and proximate result of these
5 malfunctions, Plaintiff suffered life-threatening injuries and damages, and required extensive
6 medical care and treatment, As a further proximate result, Plaintiff has suffered and will
7 continue to suffer significant medical expenses, and pain and suffering, and other damages.
8
9 3. Plaintiff/Deceased Party 3: Helen Y. Bellew
10 a. Plaintiff(s) making Loss of Consortium claim (if any): N/A
11 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor]
12 guardian, conservator): N/A
13 c. Plaintiffs/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
14 implant:_Tennessee
15 d. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
16 injury: Tennessee
17 e. Plaintiff's current state(s) [if more than one Plaintiff] of residence: Tennessee
18 f. Defendants (check Defendants against whom Complaint is made):
19 M Cordis Corporation
20 M Johnson & Johnson
21 M Confluent Medical Technologies
22 M Does 1 through 50
23 g. Cordis IVC Filter(s) (check applicable IVC Filter):
24 M Trapease® Vena Cava Filter
25 (] Optease® Vena Cava Filter
26 h. Date(s) of Implantation(s) for each device:
27 On or about May 18, 2009
28
4
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:54:18 09-14-2018 6/16
1 i. The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death
2 to Plaintiff/Decedent, including, but not limited to:
3 Plaintiff's symptoms and injuries include, but are not limited to multiple limbs of the IVC
4 filter perforating the wall of the IVC, As a direct and proximate result of these malfunctions
5 Plaintiff suffered life-threatening injuries and damages, and required extensive medical care
6 and treatment. As a further proximate result, Plaintiff has suffered and will continue to suffer
7 significate medical expenses, and pain and suffering, and other damages.
8
9 4, Plaintiff/Deceased Party 4: Elizabeth Evans
10 a, Plaintiff(s) making Loss of Consortium claim (if any): N/A
ll b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor
12 guardian, conservator): N/A
13 c. Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time off
14 implant: Pennsylvania
15 d. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
16 injury: Pennsylvania
17 e. Plaintiff's current state(s) [if more than one Plaintiff] of residence: Pennsylvania
18 f. Defendants (check Defendants against whom Complaint is made):
19 M Cordis Corporation
20 M Johnson & Johnson
21 M Confluent Medical Technologies
22 M Does | through 50
23 g. Cordis IVC Filter(s) (check applicable IVC Filter):
24 Trapease® Vena Cava Filter
25 M1 Optease® Vena Cava Filter
26 h. Date(s) of Implantation(s) for each device:
27 On or about September 30, 2004
28
5
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:54:49 09-14-2018 7/16
1 i. The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death
2 to Plaintiff/Decedent, including, but not limited to:
3 Multiple struts perforating the wall of the IVC. As a direct and proximate result of these
4 malfunctions, Plaintiff suffered life-threatening injuries and damages, and required extensive
5 medical care and treatment. As a further proximate result, Plaintiff has suffered and will
6 continue to suffer significate medical expenses, and pain and suffering, and other damages
7
8 5. Plaintiff/Deceased Party 5: Mark Jacobs
9 a. Plaintiff(s) making Loss of Consortium claim (if any): N/A
10 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor,
11 guardian, conservator): N/A
12 c. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
13 implant: _Ohio
14 d. Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
15 injury: Ohio
16 e. Plaintiffs current state(s) [if more than one Plaintiff] of residence: Ohio
17 f. Defendants (check Defendants against whom Complaint is made):
18 M Cordis Corporation
19 M Johnson & Johnson
20 M1 Confluent Medical Technologies
21 M Does | through 50
22 g. Cordis IVC Filter(s) (check applicable IVC Filter):
23 M1 Trapease® Vena Cava Filter
24 C) Optease® Vena Cava Filter
25 h. Date(s) of Implantation(s) for each device:
26 On or about March 1, 2010
27 i, The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death
28 to Plaintiff/Decedent, including, but not limited to:
6
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:55:19 09-14-2018 8/16
i Plaintiff's symptoms and injuries include, but are not limited to, filter is tilted and struts
2 appear to expand outside of the IVC wall. As a direct and proximate result of these
3 malfunctions, Plaintiff suffered life-threatening injuries and damages, and required extensive
4 medical care and treatment. As a further proximate result, Plaintiff has suffered and will
5 continue to suffer significate medical expenses, and pain and suffering, and other damages
6
7 6. Plaintiff/Deceased Party 6: Anthony Carter
8 a. Plaintiff(s) making Loss of Consortium claim (if any): N/A
9 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor
10 guardian, conservator): N/A
11 c. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
12 implant:_Alabama
13 d. Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
14 injury: Alabama
15 e. Plaintiff's current state(s) [if more than one Plaintiff] of residence: Alabama
16 f. Defendants (check Defendants against whom Complaint is made):
17 M Cordis Corporation
18 M Johnson & Johnson
19 ™ Confluent Medical Technologies
20 M Does | through 50
21 g. Cordis IVC Filter(s) (check applicable IVC Filter):
22 M1 Trapease® Vena Cava Filter
23 Optease® Vena Cava Filter
24 h. Date(s) of Implantation(s) for each device:
25 Qn or about August 7, 2004
26 i. The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death
27 to Plaintiff/Decedent, including, but not limited to:
28
7
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:55:49 09-14-2018 9/16
1 Plaintiff's symptoms and injuries include, but are not limited to, migration of the IVC filter.
2 As a direct_and proximate result _of these_malfunctions, Plaintiff suffered life-threatening
3 injuries and damages, and required extensive medical care and treatment. As a further
4 proximate result, Plaintiff has suffered and will continue to suffer significate medical
5 expenses, and pain and suffering, and other damages.
6
7 7. Plaintiff/Deceased Party 7: John Kern
8 a. Plaintiff(s) making Loss of Consortium claim (if any): Anna Kern
9 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor]
10 guardian, conservator): N/A
1] c. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
12 implant:_Minnesota
13 d. Plaintiffs/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of
14 injury: Minnesota
15 e. Plaintiffs current state(s) [if more than one Plaintiff] of residence: Iowa
16 f. Defendants (check Defendants against whom Complaint is made):
17 MM Cordis Corporation
18 M Johnson & Johnson
19 M Confluent Medical Technologies
20 M Does 1 through 50
21 g. Cordis IVC Filter(s) (check applicable IVC Filter):
22 M Trapease® Vena Cava Filter
23 0 Optease® Vena Cava Filter
24 h. Date(s) of Implantation(s) for each device:
25 Qn or about September 25, 2012
26 i. The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death]
27 to Plaintiff/Decedent, including, but not limited to:
28
8
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:56:19 09-14-2018 10/16
1 Plaintiff's symptoms and injuries include, but are not limited to, tilt of the IVC filter andi
2 perforation of the IVC wall. As a direct and proximate result of these malfunctions, Plaintiff
3 suffered life-threatening injuries and damages, and required extensive medical care and!
4 treatment. As a further proximate result, Plaintiff has suffered and will continue to suffer
5 significate medical expenses, and pain and suffering, and other damages.
6
7 CAUSES OF ACTION
8 1. Plaintiff(s) hereby adopt(s) and incorporates by reference the Master Long Form
9 || Complaint and Demand for Jury Trial as if set forth fully herein.
10 2. Further, the following Causes of Action and allegations are asserted by Plaintiff(s)
11 || against all Defendants, unless noted otherwise, and are herein adopted by reference from Plaintiffs’
12 || Master Long Form Complaint as follows:
13 4 First Cause of Action: Strict Products Liability — Failure to Warn
14 7) Second Cause of Action: Strict Products Liability - Manufacturing Defect
15 | Third Cause of Action: Negligence
16 ra) Fourth Cause of Action: Negligent Misrepresentation!
17 | Fifth Cause of Action: Fraudulent Misrepresentation”
18 | Sixth Cause of Action: Fraudulent Concealment
19 w Seventh Cause of Action: Breach of Express Warranty
20 | Eighth Cause of Action: Loss of Consortium?
21 QO Ninth Cause of Action: Wrongful Death‘
22 oO Tenth Cause of Action: Survival?
23
24
25
' As to Defendants Cordis, J&J, and Does | through 10, Only.
26 | ? As to Defendants Cordis, J&J, and Does 1 through 10, Only.
? By the following Plaintiffs, Only: As to Plaintiffs Kelly Smith and Anna Kern for the injuries sustained by their respective
27 spouses, Tommy Smith and John Kern.
* By the following Plaintiffs, Only:
28 |1> By the following Plaintiffs, Only:
9
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
19497371504 14:56:50 09-14-2018 11/16
1 | Other(s): (please state the facts supporting this Count in
2 the space immediately below)
3 Violations of Applicable Michigan Law (Michelle Watson), Texas Law (Tommy|
4 Smith); Tennessee Law (Helen Bellew): Pennsylvania Law (Elizabeth Evans);
5 Ohio Law (Mark Jacobs); Alabama Law (Anthony Carter): Minnesota Law ( John
6 and Anna Kern) Prohibiting Consumer Fraud and Unfair and Deceptive Trade
7 Practices.
8
9 WHEREFORE, Plaintiff(s) pray(s) for relief and judgment against Defendants as set forth in
10 || the Master Long Form Complaint and Demand for Jury Trial as appropriate,
11 JURY DEMAND
12 Plaintiff(s) demand(s) a jury trial.
14 Dated: September 14, 2018 L@PEZ Mc lh
15 By: a
Ramon Rossi Lopez
16 Matthew R. Lopez
Amorina P. Lopez
18 Counsel for Plaintiffs
10
SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS
Preview
19497371504 14:52:20 09-14-2018 2/16 FILED BY FAX ALAMEDA COUNTY Ramon Rossi Lopez, Bar No. 86361 September 14, 2018 Matthew Ramon Lopez, Bar No. 263134 Amorina Patrice Lopez, Bar No. 278002 CLERK OF THE SUPERIOR COURT NV LOPEZ McHUGH LLP By Alicia Espinoza, Deputy 100 Bayview Circle, Suite 5600 WD CASE NUMBER: Newport Beach, California 92660 RG18920775 FF Phone: (949) 737-1501 Fax: (949) 737-1504 HH rlopez@lopezmchugh.com mlopez@lopezmchugh.com SD alopez@lopezmchugh.com Counsel for Plaintiffs fo SUPERIOR COURT OF THE STATE OF CALIFORNIA oOo 10 FOR THE COUNTY OF ALAMEDA 11 JERRY DUNSON, et al., Lead Case No. RG16812476 12 Plaintiffs, AND ALL RELATED CASES 13 v. ASSIGNED FOR ALL PURPOSES TO HON. BRAD SELIGMAN 15 CORDIS CORPORATION, ef ai., DEPARTMENT 23 16 Defendants. 17 18 MICHELLE WATSON, ef al., Individual Case No. Plaintiffs, SHORT-FORM COMPLAINT FOR v. DAMAGES FOR INDIVIDUAL ACTIONS 20 CORDIS CORPORATION, ef ai., 21 BY FAX 22 Defendants. 23 Plaintiff(s) listed in the caption above and further identified below, for their Complaint against 24 Defendants CORDIS CORPORATION (“Cordis”), JOHNSON & JOHNSON (“J&J), CONFLUENT 25 MEDICAL TECHNOLOGIES, INC. (“Confluent”), and DOES 1 through 50, incorporate the Master 26 Complaint for Damages filed and entered on April 9, 2018, in Dunson, et al. v. Cordis Corp., et al., 27 Lead Case No. RG1681246. Plaintiff(s) further show the Court as follows: 28 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:52:47 09-14-2018 3/16 Plaintiff(s) [List all Plaintiffs by name]: MICHELLE WATSON, an individual, TOMMY| He SMITH and KELLY SMITH, individually, and as husband and wife: HELEN BELLEW, an individual; ELIZABETH EVANS, an individual; MARK JACOBS, an individual: ANTHONY] WY CARTER, an individual: and JOHN KERN and ANNA KERN, individually, and as husband and! SF wife. AH DR PARTIES AND CASE-SPECIFIC FACTS SN l. Plaintiff/Deceased Party 1: Michelle Watson OS Plaintiff(s) making Loss of Consortium claim (if any): N/A oO Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor, tot Co 1] guardian, conservator): N/A Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time off implant: Michigan Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time off injury: Michigan Plaintiffs current state(s) [if more than one Plaintiff] of residence: Michigan Defendants (check Defendants against whom Complaint is made): M Cordis Corporation M Johnson & Johnson M Confluent Medical Technologies M Does 1 through 50 Cordis IVC Filter(s) (check applicable IVC Filter): [1 Trapease® Vena Cava Filter () Optease® Vena Cava Filter h. Date(s) of Implantation(s) for each device: Qn or about November 19, 2008 i, The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death to Plaintiff/Decedent, including, but not limited to: 2 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:53:17 09-14-2018 4/16 1 Plaintiff's symptoms and injuries include, but are not limited to IVC thrombosis, bilateral 2 extremity swelling, and pain. The filter poses a progressive risk of perforation of the vena 3 cava and surrounding vital organs. vessels and structures, which can result in severe pain and 4 life-threatening complications. It also poses an increased and progressive risk of migration! 5 and fracture causing serious injury and death. Plaintiff is forced to live with the possibility 6 that these complications can happen at any moment which has led Plaintiff to severe fear] 7 stress, anxiety and loss of enjoyment of life. 8 9 2. Plaintiff/Deceased Party 2: Tommy Smith 10 a. Plaintiff(s) making Loss of Consortium claim (if any): Kelly Smith 11 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor, 12 guardian, conservator): N/A 13 c. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 14 implant: Texas 15 d. Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 16 injury: Texas 17 e. Plaintiffs current state(s) [if more than one Plaintiff] of residence: Arkansas 18 f. Defendants (check Defendants against whom Complaint is made): 19 M Cordis Corporation 20 M Johnson & Johnson 21 M Confluent Medical Technologies 22 M Does 1 through 50 23 g. Cordis IVC Filter(s) (check applicable IVC Filter): 24 () Trapease® Vena Cava Filter 25 MJ Optease® Vena Cava Filter 26 h. Date(s) of Implantation(s) for each device: 27 On or about April 19, 2014 28 3 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:53:48 09-14-2018 5/16 1 i, The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death! 2 to Plaintiff/Decedent, including, but not limited to: 3 Plaintiff's symptoms and injuries include, but are not limited to acute unstable right lower 4 extremity DVT, and filter is unable to be retrieved, As a direct and proximate result of these 5 malfunctions, Plaintiff suffered life-threatening injuries and damages, and required extensive 6 medical care and treatment, As a further proximate result, Plaintiff has suffered and will 7 continue to suffer significant medical expenses, and pain and suffering, and other damages. 8 9 3. Plaintiff/Deceased Party 3: Helen Y. Bellew 10 a. Plaintiff(s) making Loss of Consortium claim (if any): N/A 11 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor] 12 guardian, conservator): N/A 13 c. Plaintiffs/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 14 implant:_Tennessee 15 d. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 16 injury: Tennessee 17 e. Plaintiff's current state(s) [if more than one Plaintiff] of residence: Tennessee 18 f. Defendants (check Defendants against whom Complaint is made): 19 M Cordis Corporation 20 M Johnson & Johnson 21 M Confluent Medical Technologies 22 M Does 1 through 50 23 g. Cordis IVC Filter(s) (check applicable IVC Filter): 24 M Trapease® Vena Cava Filter 25 (] Optease® Vena Cava Filter 26 h. Date(s) of Implantation(s) for each device: 27 On or about May 18, 2009 28 4 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:54:18 09-14-2018 6/16 1 i. The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death 2 to Plaintiff/Decedent, including, but not limited to: 3 Plaintiff's symptoms and injuries include, but are not limited to multiple limbs of the IVC 4 filter perforating the wall of the IVC, As a direct and proximate result of these malfunctions 5 Plaintiff suffered life-threatening injuries and damages, and required extensive medical care 6 and treatment. As a further proximate result, Plaintiff has suffered and will continue to suffer 7 significate medical expenses, and pain and suffering, and other damages. 8 9 4, Plaintiff/Deceased Party 4: Elizabeth Evans 10 a, Plaintiff(s) making Loss of Consortium claim (if any): N/A ll b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor 12 guardian, conservator): N/A 13 c. Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time off 14 implant: Pennsylvania 15 d. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 16 injury: Pennsylvania 17 e. Plaintiff's current state(s) [if more than one Plaintiff] of residence: Pennsylvania 18 f. Defendants (check Defendants against whom Complaint is made): 19 M Cordis Corporation 20 M Johnson & Johnson 21 M Confluent Medical Technologies 22 M Does | through 50 23 g. Cordis IVC Filter(s) (check applicable IVC Filter): 24 Trapease® Vena Cava Filter 25 M1 Optease® Vena Cava Filter 26 h. Date(s) of Implantation(s) for each device: 27 On or about September 30, 2004 28 5 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:54:49 09-14-2018 7/16 1 i. The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death 2 to Plaintiff/Decedent, including, but not limited to: 3 Multiple struts perforating the wall of the IVC. As a direct and proximate result of these 4 malfunctions, Plaintiff suffered life-threatening injuries and damages, and required extensive 5 medical care and treatment. As a further proximate result, Plaintiff has suffered and will 6 continue to suffer significate medical expenses, and pain and suffering, and other damages 7 8 5. Plaintiff/Deceased Party 5: Mark Jacobs 9 a. Plaintiff(s) making Loss of Consortium claim (if any): N/A 10 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor, 11 guardian, conservator): N/A 12 c. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 13 implant: _Ohio 14 d. Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 15 injury: Ohio 16 e. Plaintiffs current state(s) [if more than one Plaintiff] of residence: Ohio 17 f. Defendants (check Defendants against whom Complaint is made): 18 M Cordis Corporation 19 M Johnson & Johnson 20 M1 Confluent Medical Technologies 21 M Does | through 50 22 g. Cordis IVC Filter(s) (check applicable IVC Filter): 23 M1 Trapease® Vena Cava Filter 24 C) Optease® Vena Cava Filter 25 h. Date(s) of Implantation(s) for each device: 26 On or about March 1, 2010 27 i, The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death 28 to Plaintiff/Decedent, including, but not limited to: 6 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:55:19 09-14-2018 8/16 i Plaintiff's symptoms and injuries include, but are not limited to, filter is tilted and struts 2 appear to expand outside of the IVC wall. As a direct and proximate result of these 3 malfunctions, Plaintiff suffered life-threatening injuries and damages, and required extensive 4 medical care and treatment. As a further proximate result, Plaintiff has suffered and will 5 continue to suffer significate medical expenses, and pain and suffering, and other damages 6 7 6. Plaintiff/Deceased Party 6: Anthony Carter 8 a. Plaintiff(s) making Loss of Consortium claim (if any): N/A 9 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor 10 guardian, conservator): N/A 11 c. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 12 implant:_Alabama 13 d. Plaintiff’s/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 14 injury: Alabama 15 e. Plaintiff's current state(s) [if more than one Plaintiff] of residence: Alabama 16 f. Defendants (check Defendants against whom Complaint is made): 17 M Cordis Corporation 18 M Johnson & Johnson 19 ™ Confluent Medical Technologies 20 M Does | through 50 21 g. Cordis IVC Filter(s) (check applicable IVC Filter): 22 M1 Trapease® Vena Cava Filter 23 Optease® Vena Cava Filter 24 h. Date(s) of Implantation(s) for each device: 25 Qn or about August 7, 2004 26 i. The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death 27 to Plaintiff/Decedent, including, but not limited to: 28 7 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:55:49 09-14-2018 9/16 1 Plaintiff's symptoms and injuries include, but are not limited to, migration of the IVC filter. 2 As a direct_and proximate result _of these_malfunctions, Plaintiff suffered life-threatening 3 injuries and damages, and required extensive medical care and treatment. As a further 4 proximate result, Plaintiff has suffered and will continue to suffer significate medical 5 expenses, and pain and suffering, and other damages. 6 7 7. Plaintiff/Deceased Party 7: John Kern 8 a. Plaintiff(s) making Loss of Consortium claim (if any): Anna Kern 9 b. Other Plaintiff(s) and capacity (e.g., surviving spouse or heir, administrator, executor] 10 guardian, conservator): N/A 1] c. Plaintiff's/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 12 implant:_Minnesota 13 d. Plaintiffs/Decedent’s state(s) [if more than one Plaintiff] of residence at the time of 14 injury: Minnesota 15 e. Plaintiffs current state(s) [if more than one Plaintiff] of residence: Iowa 16 f. Defendants (check Defendants against whom Complaint is made): 17 MM Cordis Corporation 18 M Johnson & Johnson 19 M Confluent Medical Technologies 20 M Does 1 through 50 21 g. Cordis IVC Filter(s) (check applicable IVC Filter): 22 M Trapease® Vena Cava Filter 23 0 Optease® Vena Cava Filter 24 h. Date(s) of Implantation(s) for each device: 25 Qn or about September 25, 2012 26 i. The filter subsequently malfunctioned and caused injury, damage, and/or wrongful death] 27 to Plaintiff/Decedent, including, but not limited to: 28 8 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:56:19 09-14-2018 10/16 1 Plaintiff's symptoms and injuries include, but are not limited to, tilt of the IVC filter andi 2 perforation of the IVC wall. As a direct and proximate result of these malfunctions, Plaintiff 3 suffered life-threatening injuries and damages, and required extensive medical care and! 4 treatment. As a further proximate result, Plaintiff has suffered and will continue to suffer 5 significate medical expenses, and pain and suffering, and other damages. 6 7 CAUSES OF ACTION 8 1. Plaintiff(s) hereby adopt(s) and incorporates by reference the Master Long Form 9 || Complaint and Demand for Jury Trial as if set forth fully herein. 10 2. Further, the following Causes of Action and allegations are asserted by Plaintiff(s) 11 || against all Defendants, unless noted otherwise, and are herein adopted by reference from Plaintiffs’ 12 || Master Long Form Complaint as follows: 13 4 First Cause of Action: Strict Products Liability — Failure to Warn 14 7) Second Cause of Action: Strict Products Liability - Manufacturing Defect 15 | Third Cause of Action: Negligence 16 ra) Fourth Cause of Action: Negligent Misrepresentation! 17 | Fifth Cause of Action: Fraudulent Misrepresentation” 18 | Sixth Cause of Action: Fraudulent Concealment 19 w Seventh Cause of Action: Breach of Express Warranty 20 | Eighth Cause of Action: Loss of Consortium? 21 QO Ninth Cause of Action: Wrongful Death‘ 22 oO Tenth Cause of Action: Survival? 23 24 25 ' As to Defendants Cordis, J&J, and Does | through 10, Only. 26 | ? As to Defendants Cordis, J&J, and Does 1 through 10, Only. ? By the following Plaintiffs, Only: As to Plaintiffs Kelly Smith and Anna Kern for the injuries sustained by their respective 27 spouses, Tommy Smith and John Kern. * By the following Plaintiffs, Only: 28 |1> By the following Plaintiffs, Only: 9 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS 19497371504 14:56:50 09-14-2018 11/16 1 | Other(s): (please state the facts supporting this Count in 2 the space immediately below) 3 Violations of Applicable Michigan Law (Michelle Watson), Texas Law (Tommy| 4 Smith); Tennessee Law (Helen Bellew): Pennsylvania Law (Elizabeth Evans); 5 Ohio Law (Mark Jacobs); Alabama Law (Anthony Carter): Minnesota Law ( John 6 and Anna Kern) Prohibiting Consumer Fraud and Unfair and Deceptive Trade 7 Practices. 8 9 WHEREFORE, Plaintiff(s) pray(s) for relief and judgment against Defendants as set forth in 10 || the Master Long Form Complaint and Demand for Jury Trial as appropriate, 11 JURY DEMAND 12 Plaintiff(s) demand(s) a jury trial. 14 Dated: September 14, 2018 L@PEZ Mc lh 15 By: a Ramon Rossi Lopez 16 Matthew R. Lopez Amorina P. Lopez 18 Counsel for Plaintiffs 10 SHORT FORM COMPLAINT FOR DAMAGES FOR INDIVIDUAL ACTIONS