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Case 3:08-cv-00709-CRB

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Mrs.. Inetta Wood 3714 Elmley Avenuee Baltimore, MD 21213

* IN THE UNITED STATES * * DISTRICT COURT * Plaintiff * FOR * 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 COME NOW the plaintiff, Inetta Wood, 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, Inetta Wood, at all times relevant hereto, has resided in Baltimore, MD, and took

the drug CELEBREX® at points in time between 1999 and 2004. As used herein, "plaintiff" shall refer to Inetta Wood unless specifically noted otherwise. 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

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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 purchased the products

that form the basis of this lawsuit in the State of Maryland. 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 within 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 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. 7. Plaintiff, ingested CELEBREX® as prescribed and as a result thereof, suffered a Heart Attack.

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8.

At all times relevant herein, Plaintiff was 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, 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, by and

through statements made by Defendant or its authorized agents or sales representatives, orally and in publications, package inserts and other written materials to the health care community, that CELEBREX® was safe, effective, fit and proper for its intended use. 14. 15. Defendant was aware of the substantial risks of taking CELEBREX® but failed to fully disclose. Defendant failed to meet the applicable standards of care, which were intended for the benefit of

individual consumers such as the Plaintiff, making the Defendant liable for the Plaintiff's injuries.

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COUNT I: NEGLIGENCE 16. The Plaintiff incorporates by reference all other paragraphs of this Complaint as fully set forth

herein and further allege: 17. 18. Defendant Pfizer and its representatives were merchants or sellers of CELEBREX®. Despite the fact that Defendant Pfizer knew, or should have known that CELEBREX® could

cause unreasonable injurious results and/or death to Plaintiff, 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, 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, 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 to the Plaintiff. 20. As a direct and proximate result of the negligence and breach of Defendant Pfizer, Plaintiff

sustained a Heart Attack. Defendant Pfizer owed a duty to Plaintiff to use reasonable care in its actions. Defendant Pfizer's failure to use reasonable care proximately caused Plaintiff's 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, Inetta Wood, prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of $5,000,000.00.

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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 serious harm posed by this drug far exceeded its alleged benefits. The foreseeable risks of serious harm were so that Plaintiff 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

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manufactured and supplied by Defendant and its representatives, Plaintiff suffered injuries and damages as set forth in paragraph 20 above. WHEREFORE, the Plaintiff, Inetta Wood, 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 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 relied on Defendant Pfizer's false representations in ingesting CELEBREX®. These fraudulent representations by Defendant Pfizer were proximate cause of Plaintiff's injuries enumerated in paragraph 20 above. WHEREFORE, the Plaintiff, Inetta Wood, 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:

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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 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 Heart Attack 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; b) Defendant Pfizer failed to warn Plaintiff, 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 and his healthcare provider justifiably relied on Defendant Pfizer's misrepresentations; and f) Consequently ingestion of CELEBREX® was to Plaintiff'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.

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WHEREFORE, the Plaintiff, Inetta Wood, 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: 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 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 was injured and suffered special, general and compensatory damages as set forth in paragraph 20 above. WHEREFORE, the Plaintiff, Inetta Wood, 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, and other

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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 as set forth in paragraph 20 above. 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, Defendant Pfizer knew, or had reason to know, that Plaintiff 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, Defendant Pfizer exercised its skill and judgment in the selection of this drug as safe and effective, and Plaintiff 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, Inetta Wood, 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.

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44. 45. 46.

Defendant Pfizer accepted payment from Plaintiff for the purchase of Celebrex. Plaintiff did not receive a safe and effective drug for which Plaintiff paid. It would not be equitable for Defendant Pfizer to retain this money because Plaintiff did not, in

fact, receive a safe and efficacious drug. WHEREFORE, the Plaintiff, Inetta Wood, prays for judgment against Defendant, Pfizer Inc., for actual, general, and compensatory damages in the amount of Plaintiff's prescription drug. Respectfully submitted,

THE LAW OFFICES OF PAUL A. WEYKAMP

BY_______________________________________ Paul A. Weykamp Suite 2 16 Stenersen Lanes 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

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Inetta Wood 3714 Elmley Avenue Baltimore, MD 21213

* IN THE UNITED STATES * * DISTRICT COURT * * FOR MARYLAND AT Plaintiff * * BALTIMORE v. * * 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

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