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Rohrer Complaint

Rohrer Complaint

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Published by elkharttruth

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Published by: elkharttruth on Nov 01, 2012
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12/04/2012

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STATE F INDIANA)IN THE ELKHART SUPERIOR COURT NO. 1) SS:COUNTY OF ELKHART)CAUSE NO.: 20D01-1210-CT-182DIANA ROHRER, Individually and)DIANA ROHRER and)DAWN CUBBERNUSS)as Co-Administrators of the)ESTATE OF DANIEL RICHARD ROHRER,)Deceased)22713 Woodside Dr., N., Bristol, IN 46507)Plaintiffs))v.)) NEW ENGLAND COMPOUNDING )PHARMACY, INC., aka NEW ENGLAND)COMPOUNDING CENTER,)AMERIDOSE LLC, and ALAUNUS)PHARMACEUTICAL, LLC)c/o Gregory Conigliaro, )as Registered Agent for Service)697 Waverly Street, Framingham, MA 01701)and,)BARRY CADDEN and LISA CADDEN, )Individually)13 Manchester Drive, Wrentham, MA 02093-2506)and,)GREGORY CONIGLIARO, Individually)52 Sears Road, Southborough, MA 01772-1102)Defendants)
COMPLAINT FOR DAMAGES AND JURY DEMANDIN VIII COUNTS
Come now Plaintiffs, Diana Rohrer, Individually and Diana Rohrer and Dawn Cubbernuss as Co-Administrators of the Estate of Daniel Richard Rohrer, deceased, by their attorney, Richard W. Crowder,and for their Complaint for Damages against the Defendant(s) New England Compounding Pharmacy, Inc.,aka New England Compounding Center and affiliated companies Ameridose LLC and AlaunusPharmaceutical, LLC:, (hereinafter cumulatively referred to as NECC), Barry Cadden, Individually, LisaCadden, Individually and Gregory Conigliaro, Individually, allege and say:1.That Daniel Richard Rohrer, deceased, was an adult male individual, and resident of ElkhartCounty, Indiana who was aged 68 at the time of his death on October 23, 2012.
 
2.That Diana Rohrer is the surviving spouse and Co-Administrator of the Estate of DanielRichard Rohrer, deceased, who married Daniel Richard Rohrer on June 28, 1969 and were married for 43years. (Exhibit A)3.That Dawn Cubbernuss is a surviving daughter and Co-Administrator of the Estate oDaniel Richard Rohrer, deceased. (Exhibit A)4.That the Defendants, NECC, are manufacturers, sellers, fabricators, suppliers, compounders, promoters and/or distributors of prescription medications commonly referred to as injectable steroids. (SeeExhibit B)5.That Defendants, NECC, are corporations and are or have been jointly engaged in themanufacture, distribution, compounding, promotion, testing, marketing and/or sale of the afore-describedmedications in the State of Indiana.6.That upon information and belief, Defendants Barry Cadden and Lisa Cadden (hereinaftereferred to as Caddens) are husband and wife, registered pharmacists and officers of NECC and Defendant,Gregory Conigliaro (hereinafter referred to as Conigliaro) is the brother of Lisa Cadden and the president of  NECC. Barry Cadden is the state listed pharmacist for NECC.7.That the Caddens and Conigliaro did business in Indiana through and by directing themarketing and sale of epidural steroids in the state, namely, O.S.M.C., 2310 California Rd., Elkhart,Indiana 46514.8.That this litigation stems from the Defendants’, NECC, Caddens and Conigliaro’s negligentmarketing and selling of a contaminated medication project (injectable steroids), namelyMethylprednisolone Acetate and/or failure to warn and/or concealment of the hazards associated with theabove-described medications, including but not limited to the propensity upon injection to cause fungal based meningitis and spinal cord and brain damage, including fatal disease complications and death.9.That contaminated lots of Methylprednisolone acetate injections were produced by NECC. NECC made more than 17,000 tainted steroid injections, made of methylprednisolone acetate, which weretainted with at least two types of fungus, including, but not limited to, Aspergillus fumigatus andExserohilum Rostratum, and shipped to 75 clinics in 23 states.10.That on or about September 4, 2012, Daniel Richard Rohrer received an epidural steroidinjection at O.S.M.C., 2310 California Rd., Elkhart, Indiana 46514, of an injectable steroid and saidinjectable steroid was manufactured, distributed, compounded, promoted, tested, marketed and sold by theDefendant, NECC, Caddens and Conigliaro.11.That as a result of the epidural steroid injection of an injectable steroid manufactured,distributed, compounded, promoted, tested, marketed and sold by the Defendant, NECC, Caddens andConigliaro, Daniel Richard Rohrer developed fungal based meningitis which resulted in his death onOctober 23, 2012.
 
12.That on September 25, 2012, NECC recalled three lots of preservative-freemethylprednisolone acetate used in epidural steroid injections. It has since recalled all of its products andits facility and operations have been closed by state and federal officials. (Exhibit B)
COUNT ISTRICT LIABILITY
Come now Plaintiffs, by counsel, and for Count I of their Complaint against Defendants, NECC,Caddens and Conigliaro, allege and say as follows:13.Plaintiffs by counsel hereby incorporate rhetorical paragraphs 1 through 12 againstDefendants, NECC, Caddens and Conigliaro.14.That as a direct and proximate result of the negligence of the Defendants, NECC, Caddensand Conigliaro, Daniel Richard Rohrer developed fungal meningitis, which resulted in his death on October 23, 2012, and Defendants, NECC, Caddens and Conigliaro, should be held strictly liable for their failuresassociated with the use of said medications as delineated herein.15.That Defendants, NECC, Caddens and Conigliaro, should be held strictly liable for theifailure to adequately warn or instruct users and/or prescribing physicians of the risks of meningitis, spinalinjury, brain damage, death, and other risks from the injection of the aforementioned medications.16.That Defendants, NECC, Caddens and Conigliaro, placed the subject medications into thestream of commerce in a defective and unreasonably dangerous condition wherein the foreseeable risksexceeded the product design benefits, which resulted in the death of Daniel Richard Rohrer. 17.That Defendants, NECC, Caddens and Conigliaro’s, subject medications, when placed inthe stream of product commerce, were unreasonably dangerous, carried inadequate and defective warnings,were inadequately and improperly tested and were unreasonable promoted as safe, yet cost effective.
COUNT IINEGLIGENCE
Come now Plaintiffs, by counsel, and for Count II of their Complaint against Defendants, NECC,Caddens and Conigliaro, allege and say as follows:18.Plaintiffs by counsel hereby incorporate rhetorical paragraphs 1 through 17 againstDefendants, NECC, Caddens and Conigliaro.19.That at all relevant times, Defendants, NECC, Caddens and Conigliaro, knew, or shouldhave know, that injection of its contaminated steroid medications exposed persons including, but notlimited to, Daniel Richard Rohrer, to risk of immediate and/or latent harm or injury to health and life.20.That notwithstanding this knowledge, said medications have been marketed by the

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