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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DORIS BROCK, Index No. : 118076/06
Date Purchased: 12/5/06
Plaintiff,
Plaintiff designates NEW YORK
v. County as the place of trial
PFIZER INC., PHARMACIA CORPORATION, The basis of the venue is
and G.D. SEARLE, LLC, DEFENDANTS’ RESIDENCE
Defendants. Plaintiff resides at County of
Floyd, GA
SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED TO answer the Short-Form Complaint in this
action and to serve a copy of your Answer, or, if the Short-Form Complaint is not served with
this Summons, to serve a Notice of Appearance on the Plaintiff’s Attorney within 20 days after
the service of this Summons, exclusive of the day of service (or within 30 days after the service
is complete if this Summons is not personally delivered to you within the State of New York). In
the case of your failure to appear or answer, judgment will be taken against you by default for
the relief demanded in the complaint.
Dated: New York, New York MILBERG WEISS & BERSHAD LLP
March 5, 2007
By: /s/
Stephanie Hatzakos
Kirk Chapman
Ross B. Brooks
One Pennsylvania Plaza
Defendants’ Address New York, NY 10119
235 East 42nd Street Tel: (212) 594-5300
New York, NY 10017 Fax: (212) 868-1229
Attorneys for Plaintiff
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DORIS BROCK,
Plaintiff, Index No. 118076/06
v. ABBREVIATED SHORT FORM
PFIZER INC., PHARMACIA CORPORATION, COMPLAINT
and G.D. SEARLE, LLC,
Justice Shirley W. Kornreich
Defendants.
ABBREVIATED SHORT-FORM BEXTRA COMPLAINT AND ADOPTION BY
REFERENCE
1. Plaintiff for her claim against the defendant states and alleges as follows and
incorporates by reference the relevant portions of the Amended Master Complaint on file in In
Re: New York Bextra and Celebrex Product Liability Litigation, Index No. 560001/05, LCP No.
0002/05, now pending in the Supreme Court of the State of New York, County of New York,
before the Hon. Shirley W. Kornreich.
2. Plaintiff selects and indicates by checking off the appropriate items, those claims
that are specific to her case. Where, pursuant to New York law, claims require specific pleading
or case specific facts and individual information, plaintiff shall add and include them herein.
3. Plaintiff is an individual who resides at 6 Parkwood Dr. NE, Rome in the State of
Georgia .
4. On or about 1/04, Plaintiff suffered the following injury(ies) as a result of
ingesting Bextra: Severe skin rashes, necessitating two biopsies, related injuries and pain.
5. Plaintiff brings this action (check all that apply):
√ on behalf of herself.
as the representative of .
as the parent and natural guardian ad litem of ,
a minor born on .
as Administrator of the Estate of (hereinafter
“Decedent”), who was plaintiff’s , and who died on
__________________ see Letters of Administration annexed hereto as
Exhibit A).
6. Plaintiff brings this action against (check all that apply):
√ Pfizer, Inc.
√ G.D. Searle LLC
√ Pharmacia Corporation
(For additional defendants, see item 12, below)
7. Plaintiff claims damages for (check all that apply):
√ Personal Injury to himself, herself or the person represented
Wrongful Death
Survival Action
Loss of Consortium
Loss of Services
Economic Loss
8. Plaintiff purchased and/or otherwise obtained Bextra, which Plaintiff ingested
from approximately 12/03 to approximately 8/04 .
9. Plaintiff’s spouse, , (hereinafter referred to as
"Spouse") is an adult individual residing at in the State
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of and claims damages as a result of:
Loss of Consortium (date of marriage: )
Wrongful Death (date of death: )
10. The following claims asserted in the Master Complaint and the allegations with
regard thereto in the Master Complaint are herein adopted by reference:
√ First Cause of Action: Strict Products Liability
√ Second Cause of Action: Product Liability – Failure to Warn
√ Third Cause of Action: Negligence
√ Fourth Cause of Action: Breach of Implied Warranty
√ Fifth Cause of Action: Breach of Express Warranty
√ Sixth Cause of Action: Fraud
√ Seventh Cause of Action: Negligent Misrepresentation and Omission
√ Eighth Cause of Action: Fraudulent Misrepresentation, Concealment and
Omission
√ Ninth Cause of Action: Violation of General Business Law § 349
√ Tenth Cause of Action: Violation of State Consumer Protection Acts
Specify state(s): Georgia
Eleventh Cause of Action: Wrongful Death
Twelfth Cause of Action: Survival Action
Thirteenth Cause of Action: Loss of Consortium
11. Plaintiff asserts the following additional theories of recovery:
Against Pfizer, Inc.:
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Against G.D. Searle, LLC:
Against Pharmacia Corp.:
Note: If you include any additional theories of recovery, to the extent they require
specificity in pleadings, the specific facts and allegations supporting these theories must
be pleaded by the plaintiff in a manner complying with the requirements of the New York
Civil Practice Law and Rules (“CPLR”).
12. Plaintiff asserts claims against the following additional defendants:
Note: If you include claims against one or more entities other than Pfizer, Inc., G.D.
Searle LLC, or Pharmacia Corp., the facts supporting such claims must be specifically
pleaded by the plaintiff. In addition, each claim pled against each additional defendant
must be identified on a separate sheet of paper attached to this Abbreviated Short-Form
Complaint.
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DEMAND FOR JURY TRIAL
13. Demand is hereby made for a trial by jury.
Dated: March 2, 2007
MILBERG WEISS & BERSHAD
By:
Kirk E. Chapman
Stephanie Hatzakos
One Pennsylvania Plaza
New York, NY 10119
(212) 594-5300
Attorneys for Plaintiff
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DORIS BROCK, Index No. : 118076/06 Date Purchased: 12/5/06 Plaintiff, Plaintiff designates NEW YORK v. County as the place of trial PFIZER INC., PHARMACIA CORPORATION, The basis of the venue is and G.D. SEARLE, LLC, DEFENDANTS’ RESIDENCE Defendants. Plaintiff resides at County of Floyd, GA SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED TO answer the Short-Form Complaint in this action and to serve a copy of your Answer, or, if the Short-Form Complaint is not served with this Summons, to serve a Notice of Appearance on the Plaintiff’s Attorney within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York). In the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York MILBERG WEISS & BERSHAD LLP March 5, 2007 By: /s/ Stephanie Hatzakos Kirk Chapman Ross B. Brooks One Pennsylvania Plaza Defendants’ Address New York, NY 10119 235 East 42nd Street Tel: (212) 594-5300 New York, NY 10017 Fax: (212) 868-1229 Attorneys for Plaintiff SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DORIS BROCK, Plaintiff, Index No. 118076/06 v. ABBREVIATED SHORT FORM PFIZER INC., PHARMACIA CORPORATION, COMPLAINT and G.D. SEARLE, LLC, Justice Shirley W. Kornreich Defendants. ABBREVIATED SHORT-FORM BEXTRA COMPLAINT AND ADOPTION BY REFERENCE 1. Plaintiff for her claim against the defendant states and alleges as follows and incorporates by reference the relevant portions of the Amended Master Complaint on file in In Re: New York Bextra and Celebrex Product Liability Litigation, Index No. 560001/05, LCP No. 0002/05, now pending in the Supreme Court of the State of New York, County of New York, before the Hon. Shirley W. Kornreich. 2. Plaintiff selects and indicates by checking off the appropriate items, those claims that are specific to her case. Where, pursuant to New York law, claims require specific pleading or case specific facts and individual information, plaintiff shall add and include them herein. 3. Plaintiff is an individual who resides at 6 Parkwood Dr. NE, Rome in the State of Georgia . 4. On or about 1/04, Plaintiff suffered the following injury(ies) as a result of ingesting Bextra: Severe skin rashes, necessitating two biopsies, related injuries and pain. 5. Plaintiff brings this action (check all that apply): √ on behalf of herself. as the representative of . as the parent and natural guardian ad litem of , a minor born on . as Administrator of the Estate of (hereinafter “Decedent”), who was plaintiff’s , and who died on __________________ see Letters of Administration annexed hereto as Exhibit A). 6. Plaintiff brings this action against (check all that apply): √ Pfizer, Inc. √ G.D. Searle LLC √ Pharmacia Corporation (For additional defendants, see item 12, below) 7. Plaintiff claims damages for (check all that apply): √ Personal Injury to himself, herself or the person represented Wrongful Death Survival Action Loss of Consortium Loss of Services Economic Loss 8. Plaintiff purchased and/or otherwise obtained Bextra, which Plaintiff ingested from approximately 12/03 to approximately 8/04 . 9. Plaintiff’s spouse, , (hereinafter referred to as "Spouse") is an adult individual residing at in the State 2 of and claims damages as a result of: Loss of Consortium (date of marriage: ) Wrongful Death (date of death: ) 10. The following claims asserted in the Master Complaint and the allegations with regard thereto in the Master Complaint are herein adopted by reference: √ First Cause of Action: Strict Products Liability √ Second Cause of Action: Product Liability – Failure to Warn √ Third Cause of Action: Negligence √ Fourth Cause of Action: Breach of Implied Warranty √ Fifth Cause of Action: Breach of Express Warranty √ Sixth Cause of Action: Fraud √ Seventh Cause of Action: Negligent Misrepresentation and Omission √ Eighth Cause of Action: Fraudulent Misrepresentation, Concealment and Omission √ Ninth Cause of Action: Violation of General Business Law § 349 √ Tenth Cause of Action: Violation of State Consumer Protection Acts Specify state(s): Georgia Eleventh Cause of Action: Wrongful Death Twelfth Cause of Action: Survival Action Thirteenth Cause of Action: Loss of Consortium 11. Plaintiff asserts the following additional theories of recovery: Against Pfizer, Inc.: 3 Against G.D. Searle, LLC: Against Pharmacia Corp.: Note: If you include any additional theories of recovery, to the extent they require specificity in pleadings, the specific facts and allegations supporting these theories must be pleaded by the plaintiff in a manner complying with the requirements of the New York Civil Practice Law and Rules (“CPLR”). 12. Plaintiff asserts claims against the following additional defendants: Note: If you include claims against one or more entities other than Pfizer, Inc., G.D. Searle LLC, or Pharmacia Corp., the facts supporting such claims must be specifically pleaded by the plaintiff. In addition, each claim pled against each additional defendant must be identified on a separate sheet of paper attached to this Abbreviated Short-Form Complaint. 4 DEMAND FOR JURY TRIAL 13. Demand is hereby made for a trial by jury. Dated: March 2, 2007 MILBERG WEISS & BERSHAD By: Kirk E. Chapman Stephanie Hatzakos One Pennsylvania Plaza New York, NY 10119 (212) 594-5300 Attorneys for Plaintiff 5