Case3:14-cv-03557 Document1 Filed08/06/14 Page1 of 27 1 THOMAS SIMS (SBN 264174)
[email protected] 2 RUSSELL BUDD
[email protected] 3 BARON & BUDD, P. C. 3102 Oak Lawn Ave, Suite 1100 4 Dallas, Texas 75219 Telephone: (214) 521-3605 5 Facsimile: (214) 520-1181 6 Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 KARYN JOY GROSSMAN; 11 Case No.: _______________3:14-cv-03557 12 Plaintiff, v. 13 COMPLAINT FOR DAMAGES JOHNSON & JOHNSON; JOHNSON & JOHNSON AND 14 PHARMACEUTICAL RESEARCH & DEMAND FOR JURY TRIAL DEVELOPMENT, L.L.C.; ORTHO-MCNEIL- 15 JANSSEN PHARMACEUTICALS, INC.; and 1. Strict Liability 2. Product Liability - Failure to 16 MCKESSON CORPORATION; Warn 17 Defendants. 3. Negligence 4. Breach of Express Warranty 18 5. Breach of Implied Warranty 6. Fraud 19 7. Negligent Representation 8. Fraudulent Concealment 20 21 22 Plaintiff, by and through the undersigned counsel, hereby brings this Complaint for 23 damages against the Defendants, and alleges the following: 24 INTRODUCTION 25 1. This is an action for damages suffered by Plaintiff as a direct and proximate 26 result of Defendants’ negligent and wrongful conduct in connection with the design, 27 development, manufacture, testing, packaging, promoting, marketing, advertising, distribution, 28 1 COMPLAINT Case3:14-cv-03557 Document1 Filed08/06/14 Page2 of 27 1 labeling, and/or sale of the pharmaceutical drug Levaquin® (also known as levofloxacin). 2 Levaquin® in any of its forms shall herein be referred to as “Levaquin.” Plaintiff maintains that 3 Levaquin is defective, dangerous to human health, unfit and unsuitable to be marketed and sold 4 in commerce, and lacked proper warnings and directions as to the dangers associated with its 5 use.