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Case 3:08-cv-00797-CRB

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Mr. Martin Fisher, Individually and Executor of the Estate of Olga Fisher 7514 Berkshire Road Baltimore, MD 21224

* * IN THE UNITED STATES * * DISTRICT COURT * * FOR Plaintiff * v. * MARYLAND * * AT BALTIMORE Pfizer Inc. * 235 East 42nd Street * New York, NY 10017 * * Serve: The Corporation Trust Inc. * 300 E. Lombard St. * Baltimore, MD 21202 * * CLAIM NO.: Defendant * * * * * ********************************************** COMPLAINT COMES NOW the plaintiff, Martin Fisher, Exeuctor of the Estate of Olga Fisher, by and through counsel, Paul A. Weykamp and the law offices of Paul A. Weykamp, and brings suit against the defendant, Pfizer Inc., and for good cause states:

PARTIES, JURISDICTION, AND VENUE 1. The plaintiff, Martin Fisher states that Olga Fisher (hereinafter the "plaintiff's

Deceased"), at all times relevant hereto, resided in Maryland, and took the drug CELEBREX between 2000 and 2003. As used herein, "plaintiff" shall refer to Martin Fisher unless specifically noted otherwise.

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2.

Defendant, Pfizer, Inc., a Delaware corporation, authorized to do and doing

business in the State of Maryland, with its principal place of business in New York, has committed a tort within the State of Maryland and may be served with process of this Court in accordance with Rule 4 of the Federal Rules of Civil Procedure through its registered agent for service of process. 4. This Honorable Court has subject matter jurisdiction pursuant to 28 U.S.C. §

1332, as the amount in controversy exceeds $75,000 exclusive of interest and costs and because this action is brought by an individual who is a citizen of a state other than that of the Defendant. 5. Venue is proper in this district pursuant to 28 U.S.C. § 1391. Plaintiff's Deceased

purchased the products that form the basis of this lawsuit in the State of Maryland while the Defendant sold products in all U.S. States. At all relevant times herein, Pfizer, Inc. was in the business of designing, manufacturing, marketing, developing, testing, labeling, promoting, distributing, warranting and selling its product, CELEBREX. Pfizer, Inc. at all times relevant hereto designed, developed, manufactured, promoted, marketed, distributed, tested, warranted and sold in interstate commerce the aforementioned prescription drug. Pfizer, Inc. does substantial business in the State of Maryland and this Federal District, advertises in this district, received substantial compensation and profits from sales of CELEBREX in this district, and made material omissions and misrepresentations and breaches of warranties in this district. All conditions precedent have been performed or have occurred. Fed. R. Civ. Proc. 9(c).

FACTUAL ALLEGATIONS

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6.

Pfizer, Inc. is in the business of designing, manufacturing, marketing, developing,

testing, labeling, promoting, distributing, warranting and selling its product, CELEBREX. Pfizer, Inc., at all times relevant hereto, designed, developed, manufactured, promoted, marketed, distributed, tested, warranted and sold CELEBREX in the State of Maryland and the State of North Carolina. 7. Plaintiff's Deceased, ingested CELEBREX as prescribed and as a result thereof,

suffered a stroke and died therefrom. 8. At all times relevant herein, Plaintiff and Plaintiff's Deceased were unaware of the

serious side effects and dangerous properties of the drug as set forth herein. 9. The product in question was designed, formulated, patented, marketed, sold,

tested, warranted, and ultimately distributed by the Defendant as CELEBREX. 10. CELEBREX is in a class of drugs called non-steroidal anti-inflammatory drugs.

It was approved by the Food and Drug Administration for the treatment and management of symptoms of osteoarthritis and rheumatoid arthritis in adults. 11. Pfizer, Inc. originally refused to withdraw CELEBREX from the market, despite

scientific studies documenting greater than triple the risk of heart attacks, strokes and death in connection with the use of CELEBREX. 12. Defendant materially breached its obligations to consumers, such as the Plaintiff's

Deceased, including but not limited to its design, testing, manufacture, design, warning, marketing, warranting and sale of CELEBREX. 13. Defendant expressly and/or impliedly warranted to the market, including the

Plaintiff's Deceased, by and through statements made by Defendant or its authorized agents or sales representatives, orally and in publications, package inserts and other

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written materials to the health care community, that CELEBREX was safe, effective, fit and proper for its intended use. 14. Defendant was aware of the substantial risks of taking CELEBREX but failed to

fully disclose. 15. Defendant failed to meet the applicable standards of care, which were intended

for the benefit of individual consumers such as the Plaintiff's Deceased, making the Defendant liable for the Plaintiff's Deceased's injuries and death. COUNT I: NEGLIGENCE 16. The Plaintiff incorporates by reference all other paragraphs of this Complaint as

fully set forth herein and further allege: 17. Defendant Pfizer and its representatives were merchants or sellers of

CELEBREX. 18. Despite the fact that Defendant Pfizer knew, or should have known that

CELEBREX could cause unreasonable injurious results and/or death to Plaintiff's Deceased, the Defendant continued to market, distribute, and sell CELEBREX to the public. 19. Defendant Pfizer knew, or should have known that consumers, such as Plaintiff's

Deceased, would foreseeably suffer injuries and/or death as a result of Defendant Pfizer's failure to exercise ordinary care as described above. Moreover, after Defendant Pfizer became aware of the serious risks of ingesting CELEBREX, it owed a legal duty to Plaintiff's Deceased, and the general public, to disclose that knowledge. Defendant Pfizer's breach of its duty to disclose this information was a proximate cause of the injuries and death of the Plaintiff's Deceased.

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20.

As a direct and proximate result of the negligence and breach of Defendant Pfizer,

Plaintiff's Deceased sustained a stroke and died. Defendant Pfizer owed a duty to Plaintiff's Deceased to use reasonable care in its actions. Defendant Pfizer's failure to use reasonable care proximately caused Plaintiff's Deceased's death and injuries, including medical expenses, lost wages, physical and mental pain, suffering and anguish. The Plaintiff became aware of the dangers of CELEBREX in 2005 after the national recall of the drug. WHEREFORE, the Plaintiff, Martin Fisher, Individually and as Executor of the Estate of Olga Fisher prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of $5,000,000.00. COUNT II: STRICT PRODUCTS LIABILITY 21. 22. The Plaintiff adopts and re-alleges paragraphs above as if fully set forth herein. CELEBREX, as designed, manufactured, sold and/or supplied by Defendant

Pfizer, was placed into the stream of commerce by Defendant in a defective and unreasonably dangerous condition taking into consideration the utility of the product and the risks involved with the drug's use. 23. Further, CELEBREX, as designed, manufactured, distributed, sold and/or

supplied by Defendant, was defective in marketing due to inadequate warnings, instructions, and/or labeling. 24. CELEBREX, as designed, manufactured, distributed, marketed, sold and/or

supplied was defective due to inadequate testing. 25. CELEBREX was defective in design and/or formulation in that, when it left the

hands of Defendant and/or its representative, agents or assignees, the foreseeable risks of

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serious harm posed by this drug far exceeded its alleged benefits. The foreseeable risks of serious harm were so that Plaintiff's Deceased and the general public, having known of such foreseeable risks and alleged benefits, would not have ingested CELEBREX. 26. CELEBREX was also defective due to inadequate warnings and

misrepresentations to healthcare professionals. Defendant knew that had healthcare professionals been adequately warned of the serious risks of injury to their patients, healthcare professionals would not have prescribed CELEBREX to patients. 27. CELEBREX was defective due to inadequate testing both before and after

Defendant became aware of the risks of ingesting the drug. 28. As the producing and direct cause and legal result of the design defect and/or the

marketing defect due to the Defendant's failure to warn consumers, as well as the defective condition of the drug as manufactured and supplied by Defendant and its representatives, Plaintiff's Deceased suffered injuries and damages as set forth in paragraph 20 above. WHEREFORE, the Plaintiff, Martin Fisher, prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of $5,000,000.00.

COUNT III: FRAUD 29. The Plaintiff incorporates by reference all other paragraphs of this Complaint as

fully set forth herein and further allege: 30. Defendant Pfizer fraudulently represented to the general public, as well as

healthcare professionals, that CELEBREX was a safe and effective drug. Defendant Pfizer made this representation while knowing that, if healthcare professionals and

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consumers knew of the serious risks associated with the ingestion of the CELEBREX drug, they would not prescribe and/or ingest this drug. Defendant Pfizer knew its representations to be false, and Plaintiff's Deceased relied on Defendant Pfizer's false representations in ingesting CELEBREX. These fraudulent representations by Defendant Pfizer were proximate cause of Plaintiff's Deceased's injuries and death enumerated in paragraph 20 above. WHEREFORE, the Plaintiff, Martin Fisher, prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of $5,000,000.00 and $80,000,000.00 in punitive damages.

COUNT IV: NEGLIGENT MISREPRESENTATIONS 31. The Plaintiff incorporates by reference all other paragraphs of this Complaint as

fully set forth herein and further allege: 32. Defendant Pfizer represented and marketed the CELEBREX drug as being safe

and effective. After Defendant Pfizer became aware of the risk of ingesting CELEBREX®, however, Defendant Pfizer failed to communicate to Plaintiff's Deceased and/or the general public, that the ingestion of this drug could cause a person to suffer a stroke, or that the CELEBREX drug could cause a stroke to the person ingesting the drug. 33. Therefore, Plaintiff brings this cause of action against Defendant Pfizer under the

theory of negligent misrepresentation for the following reasons: a) The Plaintiff incorporates all facts and allegations previously stated in this Complaint;

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b) Defendant Pfizer failed to warn Plaintiff's Deceased, and other consumers, of the defective condition of the CELEBREX, as manufactured and/or supplied by Defendant Pfizer; c) Defendant Pfizer, individually, and through its agents, representatives, distributors and/or employees, negligently misrepresented material facts about CELEBREX in that they made such misrepresentations when they knew or reasonably should have known of the falsity of such misrepresentations. Alternatively, Defendant Pfizer made such misrepresentations, without exercising reasonable care to ascertain the accuracy of these representations; d) The above misrepresentations were made to Plaintiff, as well as the general public; e) Plaintiff's Deceased and his healthcare provider justifiably relied on Defendant Pfizer's misrepresentations; and f) Consequently ingestion of CELEBREX was to Plaintiff's Deceased's detriment. 34. As a direct and proximate result of the fraudulent acts and omissions, and

misrepresentation of Defendant Pfizer, Plaintiff suffered significant and ongoing injury and damages as set forth in paragraph 20 above. WHEREFORE, the Plaintiff, Martin Fisher, prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of $5,000,000.00.

COUNT V: EXPRESSED WARRANTY FOR GOODS 35. The Plaintiff incorporates by reference all other paragraphs of this Complaint as

fully set forth herein and further allege:

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36. Defendant Pfizer breached its express warranty of goods. Defendant Pfizer was a merchant and/or seller of the CELEBREX drug. Defendant Pfizer sold this drug to consumers for the ordinary purpose for which such drugs are used by consumers. Defendant Pfizer owed a legal duty to Plaintiff's Deceased and the public in general, to disclose its knowledge of the serious risks of ingesting the CELEBREX drug as marketed. As a direct and proximate result of Defendant's breach of warranties, Plaintiff's Deceased was injured and suffered special, general and compensatory damages and died as set forth in paragraph 20 above. WHEREFORE, the Plaintiff, Martin Fisher, prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of $5,000,000.00.

COUNT VI: IMPLIED WARRANTY A. WARRANTY OF MERCHANTABILITY. 37. The Plaintiff incorporates by reference all other paragraphs of this Complaint as

fully set forth herein and further allege: 38. Defendant Pfizer breached its implied warranty of merchantability. Defendant

Pfizer was a merchant and/or seller of the Celebrex drug. Defendant Pfizer sold this drug to Plaintiff's Deceased, and other consumers, for the ordinary purpose for which such drug is used by consumers. Celebrex was defective, or unmerchantable, i.e., not fit for the ordinary purposes for which such drugs are used. 39. As a direct and proximate result of the defect or defects of the drug, Plaintiff

suffered significant and ongoing injury and damages and death as set forth in paragraph 20 above.

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B. WARRANTY OF FITNESS. 40. The Plaintiff incorporates by reference all other paragraphs of this Complaint as fully set forth herein, and further allege: 41. Defendant Pfizer breached its implied warranty of fitness. Defendant Pfizer sold

Celebrex drug, and, at the time of the sale of this drug, Defendant Pfizer knew or had reason to know of a particular purpose for which the drug was to be used. At the time of the sale of the drug to Plaintiff's Deceased, Defendant Pfizer knew, or had reason to know, that Plaintiff's Deceased was relying on the skill and judgment of Defendant Pfizer to select or furnish a suitable product for the intended purpose. At the time of sale of the drug to Plaintiff's Deceased, Defendant Pfizer exercised its skill and judgment in the selection of this drug as safe and effective, and Plaintiff's Deceased relied thereon. Celebrex was not reasonably fit and/or suitable for the use for which it was selected. 42. Failure of Defendant Pfizer to select and sell a product which, was reasonably

safe for its intended use, proximately caused Plaintiff's injuries as set forth in paragraph 20 above. WHEREFORE, the Plaintiff, Martin Fisher, prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of $5,000,000.00. COUNT VII: UNJUST ENRICHMENT 43. Plaintiff restates each and every preceding allegation of this Complaint and

incorporates each by reference as though set forth in full herein. 44. Defendant Pfizer accepted payment from Plaintiff's Deceased for the purchase of

Celebrex. 45. Plaintiff's Deceased did not receive a safe and effective drug for which Plaintiff

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paid. 46. It would not be equitable for Defendant Pfizer to retain this money because

Plaintiff's Deceased did not, in fact, receive a safe and efficacious drug. WHEREFORE, the Plaintiff, Martin Fisher, prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of Plaintiff's prescription drug. Respectfully submitted, COUNT VIII: WRONGFUL DEATH The Plaintiff hereby incorporates all the foregoing Counts and paragraph and further states that the defendant brought about the death of Olga Fisher, the plaintiff's spouse as alleged in all the preceding paragraphs. Due to the defendant's negligence; due to the defendant's negligent misrepresentation; due to the defendant's fraud; and due to the defendant's strict liability failures and shortcomings, the defendant brought about the death of the plaintiff's Deceased. The plaintiff, Ronald Price, has suffered the loss of his spouse, and has lost the friendship, counsel, consolation, counsel, comfort and intimacy he enjoyed with his wife. As a beneficiary of the Maryland Wrongful Death statute, the plaintiff is suing the defendant under this count for these damages he has suffered. WHEREFORE, the plaintiff, individually, hereby demands $5,000,000.00 in general, actual and compensatory damages.

THE LAW OFFICES OF PAUL A. WEYKAMP

BY____________________ Paul A. Weykamp

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Suite 2 16 Stenersen Lane Hunt Valley, MD 21030 Telephone: (410) 584-0660 Email: [email protected] Attorneys for Plaintiff

PRAYER FOR TRIAL BY JURY The Plaintiff prays for a trial by jury on all issues presented herein.

______________________________ Paul A. Weykamp Law Offices of Paul A. Weykamp 16 Stenersen Lane, Suite 2 Hunt Valley, MD 21030 Telephone: (410) 584-0660 Email: [email protected] Attorneys for Plaintiff

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Mr. Martin Fisher, Individually and Executor of the Estate of Olga Fisher 7514 Berkshire Road Baltimore, MD 21224

* * IN THE UNITED STATES * * DISTRICT COURT * * FOR Plaintiff * v. * MARYLAND * * AT BALTIMORE Pfizer Inc. * 235 East 42nd Street * New York, NY 10017 * * Serve: The Corporation Trust Inc. * 300 E. Lombard St. * Baltimore, MD 21202 * CIVIL ACTION NO.: * * Defendant * * ************************************************ Mr,/Madam Clerk: Please prepare writ of summons for private process service on the following: The Corporation Trust Inc. 300 East Lombard St. Baltimore, Maryland 21202 Respectfully Submitted

Paul A. Weykamp 16 Stenersen Lane, Suite 2 Hunt Valley, MD 21030 Telephone: (410) 584-0660 Email: [email protected] Attorney for Plaintiff

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