Short Form Complaint, Joseph Hutchins — In re Abilify (Aripiprazole) Products Liability Litigation

Summary

A short form complaint and jury demand filed October 4, 2017, by Joseph Hutchins against Bristol-Myers Squibb Company, Otsuka Pharmaceutical Co., Ltd. and Otsuka America Pharmaceutical, Inc., Case 3:17-cv-00726-MCR-GRJ, within In Re: Abilify (Aripiprazole) Products Liability Litigation, Case No. 3:16-md-2734, in the U.S. District Court for the Northern District of Florida. It adopts the Master Long Form Complaint and lists Michigan as the state of residence. It alleges neuropsychiatric and physical injury, emotional distress and economic loss. Counts adopted include strict liability, breach of warranty, negligence, negligent misrepresentation, consumer protection under Mich. Comp. Laws, fraudulent concealment and punitive damages. Richard W. Schulte of Wright & Schulte, LLC signs /s/ for the plaintiff.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Short Form Complaint, Joseph Hutchins — In re Abilify (Aripiprazole) Products Liability Litigation.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/1-complaint-against-all-defendants-filing-fee-400-receipt-numb-3e66fc1aa7/, SHA-256 0eadb51959cfd9721f6e512196f1d1ba7f83baa2a9f6dad03a6501be319980d9.

Full text

Case 3:17-cv-00726-MCR-GRJ Document 1 Filed 10/04/17 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

IN RE: ABILIFY (ARIPIPRAZOLE) Case No. 3:16-md-2734
PRODUCTS LIABILITY
LITIGATION
Chief Judge M. Casey Rodgers
This document relates to: Magistrate Judge Gary Jones
JOSEPH HUTCHINS
Plaintiffs,

v.
Short Form Complaint
Bristol-Myers Squibb Company, and Jury Demand
Otsuka Pharmaceutical Co., Ltd., and
Otsuka America Pharmaceutical, Inc.,
Defendants.

MASTER SHORT FORM COMPLAINT AND JURY DEMAND

Plaintiffs incorporate by reference Plaintiffs’ Master Long Form Complaint

and Jury Demand filed in In Re: Abilify® Products Liability Litigation in the

United States District Court for the Northern District of Florida, filed as No. 108-1

on the Master Docket. Pursuant to Case Management Order No.1, the following

Short Form Complaint encompasses Plaintiffs’ claims as adopted from the Master

Long Form Complaint in the above-captioned action.

Plaintiffs select and indicate by checking boxes where requested, parties and

claims specific to this case. As necessary, Plaintiffs include: (a) additional claims

against the Defendant(s) listed in paragraph 1, which are set forth in paragraph 10,

Page 1 of 6
Case 3:17-cv-00726-MCR-GRJ Document 1 Filed 10/04/17 Page 2 of 6

and the supporting facts for which are alleged in paragraph 11 or on an additional

sheet attached to this Complaint, and/or (b) claims pleaded against additional

defendants not listed in the Master Long Form Complaint, which are set forth in

paragraph 12 and the supporting facts for which are alleged in paragraph 12 or on

an additional sheet attached to this Complaint.

Plaintiffs, by and through counsel, allege as follows:

I. DEFENDANTS

1. Plaintiffs name the following Defendants in this action [check only

those that apply]:

✔ Bristol-Myers Squibb Company

✔ Otsuka Pharmaceutical Co., Ltd.

✔ Otsuka America Pharmaceutical, Inc.

II. PLAINTIFFS

2. Plaintiff(s): Joseph Hutchins

3. Plaintiff’s Spouse (if applicable): N/A

4. Other Plaintiff and capacity, if applicable (i.e., administrator,

executor, guardian, conservator, etc.): N/A

5. Plaintiff’s State of Residence: Michigan

6. Identify the United States District Court and Division in which venue

would be proper absent direct filing: USDC E.D. Mich. Southern Division

Page 2 of 6
Case 3:17-cv-00726-MCR-GRJ Document 1 Filed 10/04/17 Page 3 of 6

III. ABILIFY® INGESTION
Nov 2010
7. Plaintiff ingested Abilify® from approximately _______ until
April 2015
_______.

8. Plaintiff alleges that Abilify® was ingested in the following state(s):
Michigan .

IV. INJURIES

9. Plaintiff alleges the following injury(ies) as a result of Abilify®

usage:

Neuropsychiatric and physical injury, emotional distress, harm, and economic loss.
Monetary losses in excess of $75,000, loss of financial stability, and other mental,
physical, and economic losses. The injurious impact of Abilify on Plaintiff’s brain
constitutes a physical injury.

Page 3 of 6
Case 3:17-cv-00726-MCR-GRJ Document 1 Filed 10/04/17 Page 4 of 6

V. CLAIMS/COUNTS

10. The following claims asserted in the Master Long Form Complaint,

and the allegations with regard thereto in the Master Long Form Complaint, are

adopted in this Short Form Complaint by reference:

✔ Count I – STRICT LIABILITY

✔ Count II – BREACH OF EXPRESS WARRANTY
✔ Count III – BREACH OF IMPLIED WARRANTY

✔ Count IV – NEGLIGENCE

✔ Count V – NEGLIGENCE PER SE

✔ Count VI – NEGLIGENT MISREPRESENTATION

✔ Count VII – VIOLATION OF CONSUMER PROTECTION LAWS,
SPECIFICALLY:_________________________________________
Mich. Comp. Laws (MCL) Ann. §§ 445.901 et seq.

✔ Count VIII – FRAUDULENT CONCEALMENT

Count IX – LOSS OF CONSORTIUM
✔ Count X – PUNITIVE DAMAGES

Count XI – OTHERS [Specify below]

11. If additional claims against the Defendants identified in the Master

Long Form Complaint are alleged in paragraph 10, the facts supporting these

Page 4 of 6
Case 3:17-cv-00726-MCR-GRJ Document 1 Filed 10/04/17 Page 5 of 6

allegations must be pleaded. Plaintiff asserts the following factual allegations

against the Defendants identified in the Master Long Form Complaint:

The above claims are supported by facts in the master complaint.

12. Plaintiffs assert the following additional claims and factual allegations

against other Defendants (must name defendant and its alleged citizenship):

Page 5 of 6
Case 3:17-cv-00726-MCR-GRJ Document 1 Filed 10/04/17 Page 6 of 6

WHEREFORE, Plaintiffs pray for relief as set forth in the Plaintiffs’

Master Long Form Complaint in In Re: Abilify® Products Liability Litigation in

the United States District Court for the Northern District of Florida.

Richard W. Schulte (OH #0066031)
Dated: 10/04/17 /s/
Richard W. Schulte (OH #0066031)

Wright & Schulte, LLC
865 S. Dixie Dr.
Vandalia, OH 45377
(937) 435-7500
rschulte@yourlegalhelp.com

Attorney for Plaintiffs

Page 6 of 6

File and source

File: 1-complaint-against-all-defendants-filing-fee-400-receipt-numb.pdf
Size: 41,698 bytes
SHA-256: 0eadb51959cfd9721f6e512196f1d1ba7f83baa2a9f6dad03a6501be319980d9
Our copy: 1-complaint-against-all-defendants-filing-fee-400-receipt-numb.pdf
Original: No public link identified.