Out-of-state plaintiffs take on Bextra in St. Clair County

Ann Knef Jan. 24, 2006, 2:35am

Residents of Kentucky, Tennessee and Alabama are suing Pfizer, Monsanto, Pharmacia and G.D. Searle in St. Clair County Circuit Court claiming Bextra caused them or their next of kin strokes or heart problems.

The lawsuit, filed Jan. 13, claims venue is appropriate because G.D. Searle has a Chicago office and Monsanto operates a plant in St. Clair County.

"This matter is not removable to federal court because the Searle defendants are citizens of the state of Illinois," the complaint states.

The seven plaintiffs are represented by Jeffrey J. Lowe of St. Louis, Joseph P. Danis of Carey & Danis of St. Louis, Charles Lampin of Kell Lampin in St. Peters, Mo., T. Evan Schaeffer of Schaeffer & Lamere in Godfrey and Evan Buxner of the Walther Glen Law Office in St. Louis.

According to the suit, Bextra was defectively designed.

"At the time Bextra was manufactured and sold to plaintiffs by Pfizer, Pharmacia, Monsanto and Searle, it was defective in design and unreasonably dangerous, subjecting users to risks of heart attacks, strokes and other illnesses which exceeded the benefits of the products and for which other safer products were available," the complaint states.

The suit also alleges that Bextra was not accompanied with proper warnings regarding all adverse side effects associated with Bextra.

In addition to counts of failure to warn, defective and negligent design, fraudulent concealment, common law fraud, breach of implied warranty, breach of express warranty, negligent misrepresentation, withholding information, the lawsuit includes a count of conspiracy.

"Defendants Pfizer, Pharmacia, Monsanto and Searle, each of them, reached a meeting of the minds regarding the common plan or scheme and actively pursued a common plan or scheme to design, promote, advertise, distribute and sell Bextra for their individual financial gains...," the complaint states.

Plaintiffs and their complaints are:

  • Juanita Allen of Kentucky, stroke;
  • Eddean Blackwood of Tennesee, heart attack;
  • Rosie Benson of Alabama, stroke;
  • Erters Maxie of Alabama, heart and cardiovascular problems;
  • Charles Jordan of Alabama, heart attack;
  • Darla Pennington of Tennessee, next of kin of Earl Ray Ayres, heart attack; and
  • Hsiao-Hua Gorman of Tennessee, next of kin of Larry James Gorman, heart attack.

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