Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 1 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
AMY W. SCHULMAN DLA PIPER LLP 1251 Avenue of the Americas New York, NY 10020 Telephone: (212) 335-4500 Facsimile: (212) 335-4501 [email protected] STUART M. GORDON (SBN: 037477) GORDON & REES LLP Embarcadero Center West 275 Battery Street, Suite 2000 Los Angeles, CA 90071 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 [email protected] MICHAEL C. ZELLERS (SBN: 146904) TUCKER ELLIS & WEST LLP 515 South Flower Street, Suite 4200 Los Angeles, CA 90071-2223 Telephone: (213) 430-3400 Facsimile: (213) 430-3409 [email protected] Attorneys for Defendants PFIZER INC., PHARMACIA CORPORATION, AND G.D. SEARLE LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE BEXTRA AND CELEBREX MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION This document relates to ) ) ) ) ) DANA CHIN, Individually and on Behalf of TATE ) ) MCALLISTER, Deceased, ) ) Plaintiff, ) ) vs. ) ) PFIZER, INC., PHARMACIA CORPORATION, ) and G.D. SEARLE, LLC, ) ) Defendants. ) MDL Docket No. 1699 CASE NO. 3:07-cv-4793-CRB PFIZER INC., PHARMACIA CORPORATION, AND G.D. SEARLE LLC'S ANSWER TO COMPLAINT JURY DEMAND ENDORSED HEREIN
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-1ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 2 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
NOW COME Defendants Pfizer Inc. (improperly captioned in Plaintiff's Complaint as "Pfizer, Inc.") ("Pfizer"), Pharmacia Corporation ("Pharmacia"), and G.D. Searle LLC (improperly captioned in Plaintiff's Complaint as "G.D. Searle, LLC") ("Searle"), (collectively "Defendants") and file their Answer to Plaintiff's Complaint ("Complaint"), and would respectfully show the Court as follows: I. PRELIMINARY STATEMENT The Complaint does not state in sufficient detail when Decedent was prescribed or used Celebrex® (celecoxib) ("Celebrex®"). Accordingly, this Answer can only be drafted
generally. Defendants may seek leave to amend this Answer when discovery reveals the specific time periods in which Decedent was prescribed and used Celebrex®. II. ANSWER Response to Allegations Regarding Parties 1. Defendants admit that Plaintiff brought this civil action seeking monetary damages, but
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
deny that Plaintiff is entitled to any relief or damages. Defendants admit that, during certain periods of time, Pfizer and Pharmacia marketed and co-promoted Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that, during certain periods of time, Celebrex® were manufactured and packaged for Searle, which developed, tested, marketed, co-promoted, and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the
potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that Celebrex® caused
-2ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 3 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
Plaintiff or Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 2. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding Plaintiff's and Decedent's age and citizenship, Decedent's survivors, whether Plaintiff is the Personal Representative of Decedent's Estate, and whether Plaintiff is the proper party to bring an action of behalf of Decedent's estate, and, therefore, deny the same. Defendants deny the remaining allegations in this paragraph of the Complaint. 3. Defendants admit that Pfizer is a Delaware corporation with its principal place of Defendants admit that, as the result of a merger in April 2003,
business in New York.
Pharmacia became a subsidiary of Pfizer. Defendants state that the allegations in this paragraph of the Complaint regarding "predecessors in interest" are vague and ambiguous. Defendants are without knowledge or information sufficient to form a belief as to the truth of such allegations, and, therefore, deny the same. Defendants admit that, during certain periods of time, Pfizer marketed and co-promoted Celebrex® in the United States, including California and Nevada, to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. allegations in this paragraph of the Complaint. 4. Defendants admit that Searle is a Delaware limited liability company with its principal Defendants deny the remaining
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
place of business in Illinois. Defendants admit that Pharmacia acquired Searle in 2000 and that, as the result of a merger in April 2003, Searle and Pharmacia became subsidiaries of Pfizer. Defendants admit that, during certain periods of time, Celebrex® was manufactured and packaged for Searle, which developed, tested, marketed, co-promoted and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants deny the remaining allegations in this paragraph of the Complaint. 5. Defendants admit that Pharmacia is a Delaware corporation with its principal place of
business in New Jersey. Defendants admit that Pharmacia acquired Searle in 2000 and that, as
-3ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 4 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
the result of a merger in April 2003, Searle and Pharmacia became subsidiaries of Pfizer. Defendants admit that, during certain periods of time, Pharmacia marketed and co-promoted Celebrex® in the United States, including California, to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants deny the remaining allegations in this paragraph of the Complaint. 6. Defendants admit that Pharmacia acquired Searle in 2000 and that, as the result of a
merger in April 2003, Searle and Pharmacia became subsidiaries of Pfizer. Defendants deny the remaining allegations in this paragraph of the Complaint. Response to Allegations Regarding Jurisdiction and Venue 7. Defendants are without knowledge or information to form a belief as to the truth of the
allegations in this paragraph of the Complaint regarding the amount in controversy, and, therefore, deny that the same. However, Defendants admit that Plaintiff claims that the amount in controversy exceeds $75,000, exclusive of interests and costs. 8. Defendants are without knowledge or information to form a belief as to the truth of the
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
allegations in this paragraph of the Complaint regarding Plaintiff's citizenship and the amount in controversy, and, therefore, deny the same. However, Defendants admit that Plaintiff claims that the parties are diverse and the amount in controversy exceeds $75,000, exclusive of interests and costs. 9. Defendants are without knowledge or information to form a belief as to the allegations
in this paragraph of the Complaint regarding the judicial district in which the asserted claims allegedly arose and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants deny committing a tort in the State of California and deny the remaining allegations in this paragraph of the Complaint. 10. Defendants admit that, during certain periods of time, Pfizer and Pharmacia marketed
and co-promoted Celebrex® in the United States, including California and Nevada, to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that, during certain periods of time,
-4ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 5 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
Celebrex® was manufactured and packaged for Searle, which developed, tested, marketed, copromoted and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that Pfizer, Pharmacia, and Searle are registered to and do business in the States of Nevada and California. Defendants state that the allegations in this paragraph of the Complaint regarding "predecessors in interest" are vague and ambiguous. Defendants are without knowledge or information sufficient to form a belief as to the truth of such allegations, and, therefore, deny the same. Defendants deny committing a tort in the States of California and Nevada and deny the remaining allegations in this paragraph of the Complaint. Response to Allegations Regarding Interdistrict Assignment 11. Defendants state that this paragraph of the Complaint contains legal contentions to
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
which no response is required. To the extent that a response is deemed required, Defendants admit that this case should be transferred to In re: Bextra and Celebrex Marketing, Sales Prac. and Prods. Liab. Litig., MDL-1699, assigned to the Honorable Charles R. Breyer by the Judicial Panel on Multidistrict Litigation on September 6, 2005. Response to Factual Allegations 12. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants deny the remaining allegations in this paragraph of the Complaint. 13. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding Decedent's medical condition and whether Decedent used Celebrex®, and, therefore, deny the same. Defendants deny any wrongful conduct, deny that Celebrex® caused Plaintiff or Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 14. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and
-5ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 6 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 15. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Celebrex® caused Plaintiff or Decedent injury or damage and deny the remaining allegations in this paragraph of the Complaint. 16. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that, in the ordinary case,
Celebrex® was expected to reach users and consumers without substantial change from the time of sale. Defendants deny the remaining allegations in this paragraph of the Complaint. 17. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint.
-6ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 7 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
18.
Defendants state that the allegations in this paragraph of the Complaint regarding
aspirin, naproxen, and ibuprofen are not directed toward Defendants, and, therefore, no response is required. Defendants admit that Celebrex® is in a class of drugs that are, at times, referred to as being non-steroidal anti-inflammatory drugs ("NSAIDs"). Defendants deny the remaining allegations in this paragraph of the Complaint. 19. Defendants state that the allegations in this paragraph of the Complaint are not directed
towards Defendants and, therefore, no response is required. To the extent that a response is deemed required, Defendants state that Plaintiff fails to provide the proper context for the allegations in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. 20. Defendants state that the allegations in this paragraph of the Complaint are not directed
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
towards Defendants and, therefore, no response is required. To the extent that a response is deemed required, Defendants state that Plaintiff fails to provide the proper context for the allegations in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. 21. Defendants state that the allegations in this paragraph of the Complaint are not directed
towards Defendants and, therefore, no response is required. To the extent that a response is deemed required, Defendants state that Plaintiff fails to provide the proper context for the allegations in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. 22. Defendants state that the allegations in this paragraph of the Complaint are not directed
towards Defendants and, therefore, no response is required. To the extent that a response is deemed required, Defendants state that Plaintiff fails to provide the proper context for the allegations in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. 23. Defendants state that the allegations in this paragraph of the Complaint regarding "other
pharmaceutical companies" are not directed towards Defendants and, therefore, no response is required. To the extent a response is deemed required, Defendants state that, as stated in the
-7ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 8 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
FDA-approved labeling for Celebrex®, "[t]he mechanism of action of Celebrex is believed to be due to inhibition of prostaglandin synthesis, primarily via inhibition of cyclooxygenase-2 (COX-2), and at therapeutic concentrations in humans, Celebrex does not inhibit the cyclooxygenase-1 (COX-1) isoenzyme." Plaintiff fails to provide the proper context for the remaining allegations in this paragraph and Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of the allegations and, therefore, deny the remaining allegations in this paragraph of the Complaint. 24. Defendants state that the allegations in this paragraph of the Complaint regarding
"predecessors in interest" are vague and ambiguous. Defendants are without knowledge or information sufficient to form a belief as to the truth of such allegations, and, therefore, deny the same. Defendants state that, as stated in the FDA-approved labeling for Celebrex®, "[t]he mechanism of action of Celebrex is believed to be due to inhibition of prostaglandin synthesis, primarily via inhibition of cyclooxygenase-2 (COX-2), and at therapeutic concentrations in humans, Celebrex does not inhibit the cyclooxygenase-1 (COX-1) isoenzyme." Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDAapproved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 25. Defendants admit that Searle submitted a New Drug Application ("NDA") for
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Celebrex® on June 29, 1998. Defendants admit that, on December 31, 1998, the FDA granted approval of Celebrex® for the following indications: (1) for relief of the signs and symptoms of osteoarthritis; and (2) for relief of the signs and symptoms of rheumatoid arthritis in adults. Defendants admit that, on December 23, 1999, the FDA granted approval of Celebrex® to reduce the number of adenomatous colorectal polyps in familial adenomatous polyposis ("FAP") as an adjunct to usual care (e.g. endoscopic surveillance surgery). Defendants deny the remaining allegations in this paragraph of the Complaint.
-8ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 9 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
26.
Defendants admit that Celebrex® was launched in February 1999. Defendants admit
that, during certain periods of time, Pfizer and Pharmacia marketed and co-promoted Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that, during certain periods of time, Celebrex® was manufactured and packaged for Searle, which developed, tested, marketed, co-promoted and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 27. Defendants state that the referenced article speaks for itself and respectfully refer the
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants deny the remaining allegations in this paragraph of the Complaint. 28. Defendants state that the referenced article speaks for itself and respectfully refer the
Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants deny the remaining allegations in this paragraph of the Complaint. 29. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny the allegations in this paragraph of the Complaint.
-9ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 10 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
30.
Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 31. Defendants admit that a supplemental NDA for Celebrex® was submitted to the FDA
on June 12, 2000. Defendants assert that the submission speaks for itself and any attempt to characterize it is denied. Defendants admit that a Medical Officer Review dated September 20, 2000, was completed by the FDA. Defendants state that the referenced study speaks for itself and respectfully refer the Court to the study for its actual language and text. Any attempt to characterize the study is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 32. Defendants state that the referenced Medical Officer Review speaks for itself and
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
respectfully refer the Court to the Medical Officer Review for its actual language and text. Any attempt to characterize the Medical Officer Review is denied. Defendants state that the
referenced Alert for Healthcare Professionals speaks for itself and respectfully refer the Court to the Alert for Healthcare Professionals for its actual language and text. Any attempt to characterize the Alert for Healthcare Professionals is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 33. Defendants state that the referenced study speaks for itself and respectfully refer the
Court to the study for its actual language and text. Any attempt to characterize the study is denied. Defendants state that the referenced article speaks for itself and respectfully refer the Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 34. Defendants state that the referenced Medical Officer Review speaks for itself and
respectfully refer the Court to the Medical Officer Review for its actual language and text. Any
-10ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 11 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
attempt to characterize the Medical Officer Review is denied.
Defendants state that the
referenced article speaks for itself and respectfully refer the Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 35. Defendants state that the referenced article speaks for itself and respectfully refer the
Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 36. Defendants state that the referenced articles speak for themselves and respectfully refer
the Court to the articles for their actual language and text. Any attempt to characterize the articles is denied. Defendants state that the referenced study speaks for itself and respectfully refer the Court to the study for its actual language and text. Any attempt to characterize the study is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 37. Defendants state that the referenced Medical Officer Review speaks for itself and
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
respectfully refer the Court to the Medical Officer Review for its actual language and text. Any attempt to characterize the Medical Officer Review is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 38. Plaintiff fails to provide the proper context for the allegations concerning "Public
Citizen" in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. Defendants deny the remaining allegations in this paragraph of the Complaint. 39. Defendants state that the referenced study speaks for itself and respectfully refer the
Court to the study for its actual language and text. Any attempt to characterize the study is denied. Plaintiff fails to provide the proper context for the allegations concerning "Public Citizen" in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. Defendants deny the remaining allegations in this paragraph of the Complaint.
-11ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 12 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
40.
Defendants admit that there was a clinical trial called APC. Defendants state that the
referenced article speaks for itself and respectfully refer the Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 41. Defendants state that the referenced Alert for Healthcare Professionals speaks for itself
and respectfully refer the Court to the Alert for Healthcare Professionals for its actual language and text. Any attempt to characterize the Alert for Healthcare Professionals is denied.
Defendants deny the remaining allegations in this paragraph of the Complaint. 42. Defendants state that the referenced Medical Officer Review speaks for itself and
respectfully refer the Court to the Medical Officer Review for its actual language and text. Any attempt to characterize the Medical Officer Review is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 43. Defendants admit that there was a clinical trial called PreSAP. Plaintiff fails to provide
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
the proper context for the allegations concerning "other Celebrex trials" contained in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. As for the allegations in this paragraph of the Complaint regarding the PreSAP study, Defendants state that the referenced study speaks for itself and respectfully refer the Court to the study for its actual language and text. Any attempt to characterize the study is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 44. Defendants state that the referenced article speaks for itself and respectfully refer the
Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 45. Plaintiff fails to provide the proper context for the allegations in this paragraph of the
Complaint regarding Merck and Vioxx® in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. Defendants state that the referenced studies speak for themselves and respectfully refer the Court to the studies for their actual language and text.
-12ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 13 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
Any attempt to characterize the studies is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 46. Defendants state that the referenced Medical Officer Review speaks for itself and
respectfully refer the Court to the Medical Officer Review for its actual language and text. Any attempt to characterize the Medical Officer Review is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 47. Defendants state that allegations in this paragraph of the Complaint regarding Vioxx®
in this paragraph of the Complaint are not directed toward Defendants, and therefore no response is required. To the extent that a response is deemed required, Plaintiff fails to provide the proper context for the allegations in this paragraph of the Complaint regarding Vioxx® in this paragraph of the Complaint. Defendants therefore lack sufficient information or
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. Defendants state that the referenced study speaks for itself and respectfully refer the Court to the study for its actual language and text. Any attempt to characterize the study is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 48. Defendants state that allegations in this paragraph of the Complaint regarding Merck
and Vioxx® in this paragraph of the Complaint are not directed toward Defendants, and therefore no response is required. To the extent that a response is deemed required, Plaintiff fails to provide the proper context for the allegations in this paragraph of the Complaint regarding Merck and Vioxx® in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. Defendants state that the referenced study speaks for itself and respectfully refer the Court to the study for its actual language and text. Any attempt to characterize the study is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 49. Defendants state that allegations in this paragraph of the Complaint regarding Merck
and Vioxx® in this paragraph of the Complaint are not directed toward Defendants, and therefore no response is required. To the extent that a response is deemed required, Plaintiff
-13ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 14 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
fails to provide the proper context for the allegations in this paragraph of the Complaint regarding Merck and Vioxx® in this paragraph of the Complaint. Defendants therefore lack sufficient information or knowledge to form a belief as to the truth of such allegations and, therefore, deny the same. Defendants state that the referenced study speaks for itself and respectfully refer the Court to the study for its actual language and text. Any attempt to characterize the study is denied. Defendants state that the referenced article speaks for itself and respectfully refer the Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 50. Defendants state that Celebrex® was and is safe and effective when used in accordance Defendants deny the allegations in this
with its FDA-approved prescribing information. paragraph of the Complaint. 51.
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Defendants state that the referenced article speaks for itself and respectfully refer the
Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 52. Defendants state that allegations in this paragraph of the Complaint are not directed
toward Defendants, and therefore no response is required. To the extent that a response is deemed required, Defendants state that the referenced article speaks for itself and respectfully refer the Court to the article for its actual language and text. Any attempt to characterize the article is denied. Defendants deny the remaining allegations in this paragraph of the Complaint. 53. 54. Defendants deny the allegations in this paragraph of the Complaint. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that Celebrex® is defective, and deny the remaining allegations contained in this paragraph of the Complaint.
-14ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 15 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
55.
Defendants deny any wrongful conduct and deny the allegations contained in this
paragraph of the Complaint. 56. Defendants deny any wrongful conduct and deny the allegations contained in this
paragraph of the Complaint. 57. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations contained in this paragraph of the Complaint. 58. Defendants are without knowledge or information sufficient to form a belief as to the
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that
Celebrex® is unreasonably dangerous, and deny the remaining allegations in this paragraph of the Complaint. 59. Defendants admit that the FDA Division of Drug Marketing, Advertising, and
Communications ("DDMAC") sent a letter to Pfizer dated January 10, 2005. Defendants state that the referenced letter speaks for itself and respectfully refer the Court to the letter for its actual language and text. Any attempt to characterize the letter is denied. Defendants admit that the DDMAC sent a letter to Searle dated October 6, 1999. Defendants state that the referenced letter speaks for itself and respectfully refer the Court to the letter for its actual language and text. Any attempt to characterize the letter is denied. Defendants state that the transcripts of the FDA Arthritis Drugs Advisory Committee hearings speak for themselves and respectfully refer the Court to the transcripts for their actual language and text. Any attempt to
-15ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 16 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
characterize the transcripts is denied. Defendants state that the referenced study speaks for itself and respectfully refer the Court to the article for its actual language and text. Any attempt to characterize the article is denied. paragraph of the Complaint. 60. Defendants state that Celebrex® was and is safe and effective when used in accordance Defendants deny the remaining allegations in this
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants admit that, during certain periods of time, Pfizer and Pharmacia marketed and copromoted Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that, during certain periods of time, Celebrex® was manufactured and packaged for Searle, which developed, tested, marketed, co-promoted and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. allegations in this paragraph of the Complaint. 61. Defendants state that Celebrex® was and is safe and effective when used in accordance Defendants deny the remaining
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants admit that, during certain periods of time, Pfizer and Pharmacia marketed and copromoted Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that, during certain periods of time, Celebrex® was manufactured and packaged for Searle, which developed, tested, marketed, co-promoted and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants state that Celebrex® is a prescription medication which is approved by the FDA for the following indications: (1) for
-16ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 17 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
relief of the signs and symptoms of osteoarthritis; (2) for relief of the signs and symptoms of rheumatoid arthritis in adults; (3) for the management of acute pain in adults; (4) for the treatment of primary dysmenorrhea; (5) to reduce the number of adenomatous colorectal polyps in familial adenomatous polyposis (FAP) as an adjunct to usual care (e.g., endoscopic surveillance surgery); (6) for relief of signs and symptoms of ankylosing spondylitis; and (7) for relief of the signs and symptoms of juvenile rheumatoid arthritis in patients two years of age and older. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 62. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which at all times was adequate and comported with applicable standards of care and law. Defendants state that Plaintiff's allegations in this paragraph of the Complaint regarding "predecessors in interest" are vague and ambiguous. Defendants are without knowledge or information to form a belief as to the truth of such allegations, and, therefore, deny the same. Defendants deny any wrongful conduct, deny that Celebrex® is defective, and deny the allegations in this paragraph of the Complaint. 63. Defendants state that Celebrex® was and is safe and effective when used in accordance
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants admit that, during certain periods of time, Pfizer and Pharmacia marketed and copromoted Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that, during certain periods of time, Celebrex® was manufactured and packaged for Searle, which developed, tested, marketed, co-promoted and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe
-17ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 18 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
drugs in accordance with their approval by the FDA. allegations in this paragraph of the Complaint. 64.
Defendants deny the remaining
Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which at all times was adequate and comported with applicable standards of care and law. Defendants admit that, during certain periods of time, Pfizer and Pharmacia marketed and copromoted Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that, during certain periods of time, Celebrex® was manufactured and packaged for Searle, which developed, tested, marketed, co-promoted and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. allegations in this paragraph of the Complaint. 65. Defendants state that Celebrex® was and is safe and effective when used in accordance Defendants deny the remaining
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 66. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 67. Defendants deny the allegations in this paragraph of the Complaint.
-18ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 19 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
68.
Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 69. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 70. Defendants are without knowledge or information sufficient to form a belief as to the
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants deny any wrongful conduct, deny that Celebrex® caused Plaintiff or Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 71. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that Celebrex® is defective, and deny the remaining allegations in this paragraph of the Complaint. 72. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® are and were adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law.
-19ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 20 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 73. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® are and were adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants state that the referenced study speaks for itself and respectfully refer the Court to the study for its actual language and text. Any attempt to characterize the study is denied. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 74. Defendants are without knowledge or information sufficient to form a belief as to the
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® are and were adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. Response to First Cause of Action: Negligence 75. Defendants incorporate by reference their responses to each paragraph of Plaintiff's
Complaint as if fully set forth herein. 76. Defendants state that this paragraph of the Complaint contains legal contentions to
which no response is required. To the extent that a response is deemed required, Defendants admit that they had duties as are imposed by law but deny having breached such duties. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of
Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law.
-20ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 21 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 77. Defendants state that this paragraph of the Complaint contains legal contentions to
which no response is required. To the extent that a response is deemed required, Defendants admit that they had duties as are imposed by law but deny having breached such duties. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of
Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 78. Defendants are without knowledge or information sufficient to form a belief as to the
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint, including all subparts. 79. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint.
-21ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 22 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
80.
Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 81. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Celebrex® caused Plaintiff or Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 82. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants deny any wrongful conduct, deny that Celebrex® caused Plaintiff or Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 83. Defendants deny any wrongful conduct, deny that Celebrex® caused Plaintiff or
Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 84. Defendants deny any wrongful conduct, deny that Celebrex® caused Plaintiff or
Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint.
-22ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 23 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
Response to Second Cause of Action: Strict Liability 85. Defendants incorporate by reference their responses to each paragraph of Plaintiff's
Complaint as if fully set forth herein. 86. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants admit that, during certain periods of time, Pfizer and Pharmacia marketed and co-promoted Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants admit that, during certain periods of time,
Celebrex® was manufactured and packaged for Searle, which developed, tested, marketed, copromoted and distributed Celebrex® in the United States to be prescribed by healthcare providers who are by law authorized to prescribe drugs in accordance with their approval by the FDA. Defendants state that, in the ordinary case, Celebrex® was expected to reach users and consumers without substantial change from the time of sale. Defendants deny the remaining allegations in this paragraph of the Complaint. 87. Defendants state that Celebrex® was and is safe and effective when used in accordance
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny the remaining allegations in this paragraph of the Complaint. 88. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny that Celebrex® is defective or unreasonably dangerous and deny the remaining allegations in this paragraph of the Complaint. 89. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of
-23ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 24 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny that Celebrex® is defective or unreasonably dangerous and deny the remaining allegations in this paragraph of the Complaint, including all subparts. 90. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Celebrex® is defective, deny that Celebrex® caused Plaintiff or Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 91. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that Celebrex® is defective, and deny the remaining allegations in this paragraph of the Complaint. 92. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that
Celebrex® is defective, deny that Celebrex® caused Plaintiff or Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint.
-24ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 25 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
93.
Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 94. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct, deny that
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Celebrex® caused Plaintiff or Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 95. Defendants state that Celebrex® was and is safe and effective when used in accordance
with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDA-approved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 96. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with
-25ANSWER TO COMPLAINT 3:07-cv-4793-CRB
Case 3:07-cv-04793-CRB
Document 2
Filed 12/12/2007
Page 26 of 51
1 2 3 4 5 6 7 8 9 10 11
Gordon & Rees, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111
applicable standards of care and law. Defendants deny any wrongful conduct and deny the remaining allegations in this paragraph of the Complaint. 97. Defendants deny any wrongful conduct, deny that Celebrex® caused Plaintiff or
Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 98. Defendants deny any wrongful conduct, deny that Celebrex® caused Plaintiff or
Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. 99. Defendants deny any wrongful conduct, deny that Celebrex® caused Plaintiff or
Decedent injury or damage, and deny the remaining allegations in this paragraph of the Complaint. Response to Third Cause of Action: Breach of Express Warranty 100. Defendants incorporate by reference their responses to each paragraph of Plaintiff's
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Complaint as if fully set forth herein. 101. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing information. Defendants state that the potential effects of Celebrex® were and are adequately described in its FDAapproved prescribing information, which was at all times adequate and comported with applicable standards of care and law. Defendants admit that they provided FDA-approved prescribing information regarding Celebrex®. Defendants deny the remaining allegations in this paragraph of the Complaint. 102. Defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations in this paragraph of the Complaint regarding whether Decedent used Celebrex®, and, therefore, deny the same. Defendants state that Celebrex® was and is safe and effective when used in accordance with its FDA-approved prescribing inform