STATE F INDIANA COUNTY OF ELKHART

) ) SS: )

IN THE ELKHART SUPERIOR COURT NO. 1 CAUSE NO.: 20D01-1210-CT-182 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

DIANA 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 DEMAND IN VIII COUNTS Come now Plaintiffs, Diana Rohrer, Individually and Diana Rohrer and Dawn Cubbernuss as CoAdministrators 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 Alaunus Pharmaceutical, LLC:, (hereinafter cumulatively referred to as NECC), Barry Cadden, Individually, Lisa Cadden, Individually and Gregory Conigliaro, Individually, allege and say: 1. That Daniel Richard Rohrer, deceased, was an adult male individual, and resident of Elkhart County, 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 Daniel Richard Rohrer, deceased, who married Daniel Richard Rohrer on June 28, 1969 and were married for 43 years. (Exhibit A) 3. That Dawn Cubbernuss is a surviving daughter and Co-Administrator of the Estate of Daniel 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. (See Exhibit B) 5. That Defendants, NECC, are corporations and are or have been jointly engaged in the manufacture, distribution, compounding, promotion, testing, marketing and/or sale of the afore-described medications in the State of Indiana. 6. That upon information and belief, Defendants Barry Cadden and Lisa Cadden (hereinafter referred 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 the marketing 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 Conigliaros negligent marketing and selling of a contaminated medication project (injectable steroids), namely Methylprednisolone Acetate and/or failure to warn and/or concealment of the hazards associated with the above-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 were tainted with at least two types of fungus, including, but not limited to, Aspergillus fumigatus and Exserohilum Rostratum, and shipped to 75 clinics in 23 states. 10. That on or about September 4, 2012, Daniel Richard Rohrer received an epidural steroid injection at O.S.M.C., 2310 California Rd., Elkhart, Indiana 46514, of an injectable steroid and said injectable steroid was manufactured, distributed, compounded, promoted, tested, marketed and sold by the Defendant, 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 and Conigliaro, Daniel Richard Rohrer developed fungal based meningitis which resulted in his death on October 23, 2012.

12. That on September 25, 2012, NECC recalled three lots of preservative-free methylprednisolone acetate used in epidural steroid injections. It has since recalled all of its products and its facility and operations have been closed by state and federal officials. (Exhibit B) COUNT I STRICT 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 against Defendants, NECC, Caddens and Conigliaro. 14. That as a direct and proximate result of the negligence of the Defendants, NECC, Caddens and 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 failures associated with the use of said medications as delineated herein. 15. That Defendants, NECC, Caddens and Conigliaro, should be held strictly liable for their failure to adequately warn or instruct users and/or prescribing physicians of the risks of meningitis, spinal injury, 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 the stream of commerce in a defective and unreasonably dangerous condition wherein the foreseeable risks exceeded the product design benefits, which resulted in the death of Daniel Richard Rohrer. 17. That Defendants, NECC, Caddens and Conigliaros, subject medications, when placed in the 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 II NEGLIGENCE 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 against Defendants, NECC, Caddens and Conigliaro. 19. That at all relevant times, Defendants, NECC, Caddens and Conigliaro, knew, or should have know, that injection of its contaminated steroid medications exposed persons including, but not limited 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

Defendants, NECC, Caddens and Conigliaro, and promoted as a safe and effective steroid based medication to control pain and inflammation. 21. That Defendants, NECC, Caddens and Conigliaro, are believed to have been at all relevant times, in control of the design, assembly, manufacture, compounding, promotion, marketing and sale of the subject medications. 22. That notwithstanding the above-described knowledge of health risks, Defendant, NECC, Caddens and Conigliaros, strategy has been to affirmatively market and sell these products by making assurances to potential users, physicians, cllnics and other health care providers and medical facilities about the safety of the products and Defendants, NECC, Caddens and Conigliaros, capability to provide contaminant free products. 23. That Defendants, NECC, Caddens and Conigliaro, successfully marketed the subject medications, including in Elkhart County, Indiana, and said marketing campaign consisted of advertisements and promotional literature provided to physicians and medical facilities, which materials overstated Defendants, NECC, Caddens and Conigliaros, capabilities to provide safe quality products. 24. That the Defendants, NECC, Caddens and Conigliaros, above-described advertising program, through misrepresentation and omission, sought to create an image and impression that the medications supplied by Defendants, NECC, Caddens and Conigliaro, were safe to use. 25. That notwithstanding the above-described knowledge of health risks, Defendants, NECC, Caddens and Conigliaro, downplayed and understated the health hazards and risks associated with Defendants, NECC, Caddens and Conigliaros, ability to safely produce the subject medication in a manner which deceived potential users, physicians, medical providers and medical facilities, of the subject medication by promoting the positive aspects of the low pricing of the medication and minimizing and withholding information about the lack of safe production capabilities, and otherwise keeping relevant information from potential users, physicians, medical providers and medical facilities. 26. That Defendants, NECC, Caddens and Conigliaro, despite having had such knowledge, failed to take reasonable precautions against the injury to recipients of their medications, including, but not limited to, Daniel Richard Rohrer, and committed negligent and/or reckless acts and/or omissions in breach of their duties of reasonable care owed to Plaintiff, Daniel Richard Rohrer, and in breach of government imposed standards, including but not limited to the following: a. Failing to exercise ordinary care in the manufacture, sale, testing and quality control of the subject medications by, including but not limited to, delivering said medications accompanied by fungal contaminants; Failing to warn and/or failing to adequately and sufficiently warn of the contamination of said medications and the risk of meningitis, spinal injury, brain damage, and death associated with the aforementioned medications; Placing into the stream of commerce a defective and unreasonably dangerous and contaminated product, namely the afore-mentioned medications;

b.

c.

d.

Failing to meet all appropriate and required conditions, standards, regulations, and requirements for the safe and reliable dispensing of said medications in compliance with purity and hygienic standards and government regulations; Failing to monitor, study, test, receive quality control results and discover the full extent of the above-described contamination based health risks before marketing, distributing, and selling said medications; Failing to adequately and sufficiently warn, after discovering or after a time in which they should have discovered, those who might dispense said medications by prescription, of the contamination and the risks of meningitis, spinal injury, brain damage, and death associated with the aforementioned contaminated medications; Failing to adequately instruct the physicians, medical providers, medical facilities or other care providers who would be expected to dispense, prescribe or otherwise administer said medications on how to test and check the product for contamination and quality assurance before the use of said medications on patients; Failing to disclose a lack of adequate quality control, inspection and testing of the subject medications and failing to adequately test and control the quality and purity of said medications before distributing and selling said medications to physicians, medical providers, medical facilities or other care providers; NECC staffers documented dozens of mold and bacteria instances growing in rooms that were supposed to be sterile, according to the F.D.A., but failed to correct or further investigate the contamination, even when the levels of contamination exceeded the companys safety levels; Failing to properly maintain, and inspect sterilization equipment, including, but not limited to Autoclaves, to insure that any and all sterilization equipment and Autoclaves were properly sterilizing all components used in the manufacture of aforementioned medications; Failing to warn users, physicians, medical providers, medical facilities and other care providers of inadequate purity of the quality and purity of the subject medications; Misrepresenting the purity of and/or misrepresenting assurances of the quality and purity of the subject medications; Failing to accompany their product with proper warnings regarding all possible adverse effects associated with the use of the subject contaminated medications and the comparative severity and duration of such adverse effects; Failing to conduct adequate testing and surveillance to determine the safety and contamination free quality of the subject medications;

e.

f.

g.

h.

i.

j.

k. l m

n.

o. Failing to provide adequate training to and supervision of employees and agents of NECC in the production process for said medications, and in particular, the need to control and inspect product quality and isolate said product from any and all sources of contamination; p. Failing to promptly warn Plaintiffs, and specifically Daniel Richard Rohrer, and all others similarly situated, after the sale of the subject medication of a post-sale determination of contamination of said medications and a need for immediate medical monitoring to ensure prompt detection of dangerous effects; Failing to properly protect against potential cross-contamination, including but not limited to cross-contamination from a recycling business located in the same building and owned by the same owners of NECC; and,

q.

r.

Failing to maintain proper procedures, record-keeping and work conditions inside NECC and State Health Regulators probe has turned up substantial evidence of a failure of the facility to sterilize products for even the minimum amount of time necessary to ensure sterility; and the Massachusetts Department of Public Healths investigation, launched in September, found that NECC shipped orders of Methylprednisolone as much as 11 days before obtaining results of sterility testing. 27. That as a direct, foreseeable and proximate result of Defendants, NECC, Caddens and Conigliaros, misconduct, Plaintiff, Daniel Richard Rohrer, suffered damages, including but not limited to, development of fungal meningitis, exposure to immediate and latent adverse health effects, which ultimately resulted in his death, related medical expenses and medical monitoring expenses for care, testing and treatment, suffering of mental and physical pain. 28. That as a direct, foreseeable and proximate result of Defendants, NECC, Caddens and Conigliaros, misconduct, Plaintiff, Daniel Richard Rohrers surviving, spouse, children and mother suffered damages, including but not limited to, emotional distress, mental anguish, loss of consortium, loss of income and future loss of income, last medical expenses and funeral and burial expenses. 29. That at all times relevant herein, the Defendants, NECC, Caddens and Conigliaro, have been oppressive and reckless with conscious disregard for the consequences to the Plaintiff, specifically Daniel Richard Rohrer, his surviving spouse, surviving children and mother. 30. That as a result of Defendant, NECC, Caddens and Conigliaros, reckless and malicious conduct, Plaintiffs, Diana Rohrer, individually and Diana Rohrer and Dawn Cubbernuss as CoAdministrators of the Estate of Daniel Richard Rohrer, are entitled to exemplary damages, under Massachusetts law, from said Defendants, NECC, and an award would serve to deter such reckless and malicious conduct in the future. COUNT III NEGLIGENCE PER SE

Come now Plaintiffs, by counsel, and for Count III of their Complaint against Defendants, NECC, Caddens and Conigliaro, allege and say as follows: 31. Plaintiffs by counsel hereby incorporate rhetorical paragraphs 1 through 30 against Defendants, NECC, Caddens and Conigliaro. 32. That Defendants, NECC, Caddens and Conigliaro, have violated various State and Federal permits, standards, regulations, licenses, conditions, requirements and/or orders and have done so despite knowing of said violations. 33. That Defendants, NECC, Caddens and Conigliaro, by the same acts and/or omissions as outlined herein, have violated provisions of 21 U.S.C., including but not limited to, 301-360, et seq., and all regulations deriving therefrom, as well as violation of I.C. 25-26-13-2 The practice of pharmacy or the practice of the profession of pharmacy and is legally responsible for the proper and safe storage and distribution of drugs and devices. (See Exhibit C) and any and all other applicable Federal, Indiana, or Massachusetts regulations. 34. That as a direct and proximate result of Defendants, NECC, Caddens and Conigliaros, breach of the statutory and regulatory obligations herein delineated, Plaintiff has suffered damages as aforementioned, and has incurred costs connected with the treatment of harmful and fatal medical conditions and health monitoring. COUNT IV MISREPRESENTATIONS Come now Plaintiffs, by counsel, and for Count IV of their Complaint against Defendants, NECC, Caddens and Conigliaro, allege and say as follows: 35. Plaintiffs by counsel hereby incorporate rhetorical paragraphs 1 through 34 against Defendants, NECC, Caddens and Conigliaro. 36. That Defendants, NECC, Caddens and Conigliaro, in marketing/distribution and sale of the aforementioned medications, negligently withheld and/or misrepresented to Plaintiff, Plaintiffs physician, medical provider, medical facility, other care providers and State and Federal regulatory agencies, information pertaining to the contaminant free status of said medications. 37. That Defendants, NECC, Caddens and Conigliaro, were not labeling compounded medications ready for shipment with patient-specific identifiers, as is required under Massachusetts licensing regulations and were not acting within its licensing authority, but as a mass producing manufacturer and seller and not as a traditional compounder as its state license required 38. That Defendants, NECC, Caddens and Conigliaro, improperly undertook its business

operations in a manner to manipulate and deceive and thereby, endeavored to avoid the duties and obligations of a mass producing commercial drug manufacturer, when by such operations, NECC should have been subject to FDA regulations and oversight. 39. That State health regulators probe has turned up substantial evidence of problematic procedures, record-keeping and work conditions inside NECC and examination of NECC records indicated a failure of the facility to sterilize products for even the minimum amount of time necessary to ensure sterility, 40. That Defendants, NECC, in 2004, faced three years of probation and a public reprimand by the Massachusetts Board of Registration in Pharmacy amid allegations that the pharmacy violated accepted standards for compounding Methylprednisolone acetate, the same steroid that is linked to the current fungal meningitis outbreak. This state effort resulted in a 2006 settlement involving a nondisciplinary agreement with the pharmacy board. 41. That Defendants, NECC, Caddens and Conigliaros, conduct as afore-described constitutes a violation of applicable State and Federal deceptive trade laws. COUNT V BREACH OF WARRANTIES Come now Plaintiffs, by counsel, and for Count V of their Complaint against Defendants, NECC, Caddens and Conigliaro, allege and say as follows: 42. Plaintiffs by counsel hereby incorporate rhetorical paragraphs 1 through 41 against said Defendant, NECC, Caddens and Conigliaro. 43. That Defendants, NECC, Caddens and Conigliaro, in the marketing/distribution and sale of the aforementioned medications, expressly and/or impliedly warranted that said medications were of merchantable quality, safe and fit for the purposes of their intended use. 44. That Defendants, NECC, Caddens and Conigliaro, expressly warranted that the subject medications were safe for use by physicians, medical providers, medical facilities and other care providers. 45. That the Plaintiff reasonably relied upon the skill and judgment of Defendants, NECC, Caddens and Conigliaro, that the subject medications were of merchantable quality and safe and fit for their intended use. 46. That Defendants, NECC, Caddens and Conigliaro, breached said express and implied warranties by marketing medications that were unfit and unsafe for their intended use and in the ways previously described. 47. That Defendants, NECC, Caddens and Conigliaro, voluntarily recalled the following Lots of Methylprednisolone acetate (PF) 80 mg/mL, an epidural steroid injection : Lot # 05212012@68, BUD

11/17/2012; Lot # 06292012@26, BUD 12/26/2012; and Lot # 08102012@51, BUD 2/6/2013 on or about September 25, 2012. 48. That Defendants, NECC, Caddens and Conigliaro, as a licensed non-resident pharmacy, are legally responsible for the proper and safe storage and distribution of drugs and devices pursuant to I.C. 2526-13-2, and in marketing, distributing and placing in to the stream of commerce the aforementioned contaminated medications violated I.C. 25-26-13-2. 49. That as a direct, foreseeable and proximate result of said breaches of warranties, the Plaintiff has been irreparably harmed as described elsewhere herein. COUNT VI ALTER EGO, JOINT VENTURE Come now Plaintiffs, by counsel, and for Count VI of their Complaint against Defendants, NECC, Caddens and Conigliaro, allege and say as follows: 50. Plaintiffs by counsel hereby incorporate rhetorical paragraphs 1 through 49 against said Defendant, NECC, Caddens and Conigliaro. 51. That at all times relevant hereto, Defendants, Ameridose, LLC and Alaunus Pharmaceutical, LLC, are and were organized and operated as the alter ego of Defendant, New England Compounding Pharmacy, Inc., aka New England Compounding Center, for the benefit and advantage of the alter egos, and at all times relevant thereto the alter egos exercised dominion and control over New England Compounding Pharmacy, Inc., aka New England Compounding Center, and said corporate Defendants New England Compounding Pharmacy, Inc., aka New England Compounding Center, and affiliated companies Ameridose, LLC, and Alaunus Pharmaceutical, LLC, have so intermingled their business affairs, each with the other, that all of said corporate entity Defendants are the alter egos of each other. 52. That at all times relevant hereto, New England Compounding Pharmacy, Inc., aka New England Compounding Center, and affiliated companies, Ameridose, LLC, and Alaunus Pharmaceutical, LLC, were at all relevant times operated jointly, and all such businesses were, and are, operated as a joint venture and/or in concert with each other. 53. That the Defendant corporations, New England Compounding Pharmacy, Inc., aka New England Compounding Center, and affiliated companies, Ameridose, LLC., and Alaunus Pharmaceutical, LLC, are in substance the same, and that the Defendant corporations are but the alter egos of each other, acting solely as a device to cause harm or prejudice to the creditors of the corporations. 54. That given the scope of the harm caused by Defendants, and each of them, the Defendant corporations are virtually insolvent and may be closing business, and Plaintiff therefore invokes the trust fund doctrine and alleges that the officers and directors are in a fiduciary relationship with and owe a fiduciary duty, to Plaintiff and to all other creditors

55. That the officers and directors, including, but not limited to, Barry Cadden, Lisa Cadden and Gregory Conigliaro, should hold the corporate assets in trust for the Plaintiff, Estate of Daniel Richard Rohrer, and for the corporate creditors and this duty obliges them to administer corporate assets for the benefit of the Plaintiff, the Estate of Daniel Richard Rohrer and other creditors. 56. That if the Defendants officers and directors, including, but not limited to, Barry Cadden, Lisa Cadden and Gregory Conigliaro, have allowed the corporate assets to become dissipated, such conduct would be a breach of a fiduciary duty and they are therefore liable to Plaintiff, Estate of Daniel Richard Rohrer, for such breach. 57. That the officers and directors of Defendants corporations participated in, were aware of, and acquiesced in the deceptive and manipulative practices of, the Defendant corporations as delineated in this Complaint, and are jointly and severally liable for their acts. 58. That at all times relevant hereto, the Defendants, New England Compounding Pharmacy, Inc., aka New England Compounding Center, and affiliated companies Ameridose, LLC, and Alaunus Pharmaceutical, LLC, Barry Cadden, Lisa Cadden and Gregory Conigliaro have engaged in a joint venture in the marketing and distribution of the injectable steroid medications which are the subject of this litigation. 59. That as a direct and proximate result of the negligence of Defendants, NECC, Caddens and Conigliaro, and each of them, as detailed in this Complaint as here above expressed, Daniel Richard Rohrer contracted fungal meningitis and died on October 23, 2012. COUNT VII OFFICER AND DIRECTOR LIABILITY Come now Plaintiffs, by counsel, and for Count V of their Complaint against Defendants, NECC, Caddens and Conigliaro, allege and say as follows: 60. Plaintiffs by counsel hereby incorporate rhetorical paragraphs 1 through 59 against said Defendant, NECC, Caddens and Conigliaro. 61. That upon information and belief, Defendants Barry Cadden and Lisa Cadden and Gregory Conigliaro are the directors, officers, managers and operators of NECC. 62. That Caddens and Conigliaro directly participated in the production of the epidural steroidal medications in question and the management and oversight of the operations of NECC, also including the marketing and sale of its products. 63. That upon information and belief, Defendants, Barry Cadden, Lisa Cadden and Gregory Conigliaro had knowledge of and acted to do the following: a. violate state and federal laws by preparing and selling compounded medications, specifically epidural steroids, which were not labeled with patient-specific identifiers, as is required under Massachusetts licensing regulations. That meant NECC was acting as

a manufacturer and not a traditional compounder as its state license required. b. failing to follow and enforce compounding/manufacturing standards regarding sterility and cleanliness such that the epidural steroid became contaminated with fungus, including, but not limited to Aspergillus fumigatus and Exserohilum rostratum. Such failures included, floor mats that technicians and pharmacists were supposed to use before entering work areas which were soiled with assorted debris, and a leaky boiler next to a clean room that was supposed to maintain the highest barriers against contamination. c. failing to follow and enforce compounding/manufacturing standards regarding sterility testing of product in that NECCs pharmacists did not allow even the minimum amount of time to confirm that a batch of medication was sterile before shipping it to health care providers, physicians, medical facilities and other care providers, such as the South Bend Clinic and O.S.M.C. d. acting to manufacture, market, sell and ship contaminated epidural steroid medications in Indiana, knowing that such actions did not meet minimum standards for patient safety and were in violation of state and federal laws. COUNT VIII PUNITIVE DAMAGES Come now Plaintiffs, by counsel, and for Count V of their Complaint against Defendants, NECC, Caddens and Conigliaro, allege and say as follows: 64. Plaintiffs by counsel hereby incorporate rhetorical paragraphs 1 through 63 against said Defendant, NECC, Caddens and Conigliaro. 65. Defendants, NECC, Caddens and Conigliaro, sold their Epidural Steroid to healthcare providers of the Plaintiff, Daniel Richard Rohrer, and other healthcare providers in Indiana and throughout the United States with the knowledge and understanding that they were not following or abiding by accepted and recognized standards of manufacturing and compounding and sterility and cleanliness, thereby creating an unreasonable risk of contamination and, therefore, harm to patients receiving the Epidural Steroid. 66. Defendants, NECC, Caddens and Conigliaro, sold their Epidural Steroid knowingly and intentionally with the understanding that they were not having the product properly tested for sterility and continued to ship the product without knowledge of whether the Epidural Steroid was, in fact, sterile or contaminated. Defendants, NECC, Caddens and Conigliaro, thereby knowingly and intentionally placed patients receiving their Epidural Steroid at great risk of harm and injury due to contamination and subsequent infection developing from such contaminated product. 67. Defendants, NECC, Caddens and Conigliaro, knowingly and intentionally failed to comply with applicable state and federal law with respect to the operations of a supposed compounding pharmacy. Upon information and belief, Defendants, NECC, Caddens and Conigliaro, undertook such mode of action as to increase profits by the mass distribution of their Epidural Steroid which, in fact, was a contaminated,

dangerous and potentially deadly product. 68. Defendants, NECC, Caddens and Conigliaros conduct described herein shows willful misconduct, malice, fraud, wantonness, oppression or the want of care which raises the presumption of conscious indifference to consequences, thereby justifying an award of punitive damages. PRAYER FOR RELIEF WHEREFORE, the Plaintiffs, Diana Rohrer, Individually and Diana Rohrer and Dawn Cubbernuss as Co-Administrators of the Estate of Daniel Richard Rohrer, by counsel, in addition to a judgment jointly and severally against Defendants, New England Compounding Pharmacy, Inc., aka New England Compounding Center, and affiliated companies Ameridose, LLC and Alaunus Pharmaceutical, LLC., Barry Cadden, Lisa Cadden and Gregory Conigliaro pray for relief as follows: That Diana Rohrer, Individually and Diana Rohrer and Dawn Cubbernuss as Co-Administrators of the Estate of Daniel Richard Rohrer are entitled to recover reasonable compensation for the wrongful death of Daniel Richard Rohrer, pursuant to I.C. 34-23-2-1 and request recovery for: a. b. c. For the loss of the services of Daniel Richard Rohrer; For the loss of the love and companionship of Daniel Richard Rohrer; and To pay the expenses of; 1) health care and hospitalization necessitated by the wrongful act or omission that caused the death of Daniel Richard Rohrer; 2) funeral and burial expenses for Daniel Richard Rohrer; 3) reasonable expense of psychiatric, psychological and grief counseling incurred by the surviving spouse and surviving children of Daniel Richard Rohrer; 4) uninsured debts of Daniel Richard Rohrer, including, but not limited to any medical expenses, health insurance and/or Medicare/Medicaid liens; and, 5) the administration of the Estate of Daniel Richard Rohrer, including reasonable attorneys fees; For judgment against Defendants, NECC, Caddens and Conigliaro, and each of them, for reasonable compensatory damages; For judgment against Defendants, NECC, Caddens and Conigliaro, and each of them, for reasonable exemplary damages; For interest and costs of this action; For reasonable legally recoverable attorney and expert fees; For immediate injunctive relief enjoining Defendants, NECC, Caddens and Conigliaro, and each of them, from destroying any documents, reports, memoranda, e-mails, instant messaging records, notes, letters, drawings, charts, medical surveys, and medical studies in their possession whenever created, pertaining in any way to the afore-described steroid medications; For punitive damages to be accessed against Defendants, NECC, Caddens and Conigliaro, and each of them, to avoid similar type actions in the future.

d. e. f. g. h.

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For such other and further relief as the Court deems proper, including, but not limited to, appropriate declarative and/or injunctive relief and appropriate civil penalties

Dated this ____ day of October, 2012.

Richard W. Crowder, #19071-49 Attorney for Plaintiffs 211 S. Third St. Goshen, IN 46526 (574) 533-8041 REQUEST FOR JURY TRIAL Plaintiffs request that this Cause be tried to a Jury of their peers in Elkhart County, State of Indiana.

Richard W. Crowder, #19071-49