1 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS HARRY MASON, Plaintiff, v. ASTRAZENECA PHARMACEUTICALS LP; and ASTRAZENECA LP, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: JURY TRIAL DEMANDED COMPLAINT Plaintiff HARRY MASON for his Complaint alleges as follows: NATURE OF THE ACTION 1. This is an action for personal injuries and economic damages suffered by Plaintiff as a direct and proximate result of the Defendants’ negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, distribution, labeling and/or sale of the proton pump inhibiting drug known as Nexium and/or other Nexium branded products herein collectively referred to as Nexium. PARTIES, JURISDICTION, AND VENUE 2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332(a)(1) because this case is a civil action where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States. 3. Venue is properly set in this District pursuant to 28 U.S.C. §1391(b) since Defendants transact business within this judicial district. Likewise, a substantial part of the events Case 3:16-cv-00493 Document 1 Filed 05/03/16 Page 1 of 19 Page ID #1
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IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT …€¦ · LP; and ASTRAZENECA LP, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: JURY TRIAL DEMANDED COMPLAINT Plaintiff HARRY
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1
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
HARRY MASON,
Plaintiff,
v.
ASTRAZENECA PHARMACEUTICALS
LP; and ASTRAZENECA LP,
Defendants.
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CASE NO.:
JURY TRIAL DEMANDED
COMPLAINT
Plaintiff HARRY MASON for his Complaint alleges as follows:
NATURE OF THE ACTION
1. This is an action for personal injuries and economic damages suffered by Plaintiff
as a direct and proximate result of the Defendants’ negligent and wrongful conduct in connection
with the design, development, manufacture, testing, packaging, promoting, marketing,
distribution, labeling and/or sale of the proton pump inhibiting drug known as Nexium and/or other
Nexium branded products herein collectively referred to as Nexium.
PARTIES, JURISDICTION, AND VENUE
2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332(a)(1)
because this case is a civil action where the matter in controversy exceeds the sum or value of
$75,000, exclusive of interest and costs, and is between citizens of different States.
3. Venue is properly set in this District pursuant to 28 U.S.C. §1391(b) since
Defendants transact business within this judicial district. Likewise, a substantial part of the events
Case 3:16-cv-00493 Document 1 Filed 05/03/16 Page 1 of 19 Page ID #1
2
giving rise to the claim occurred within this judicial district.
4. Consistent with the Due Process Clause of the Fifth and Fourteenth Amendments,
the Court has personal jurisdiction over Defendants, because Defendants are present in the State
of Illinois, such that requiring an appearance does not offend traditional notions of fair play and
substantial justice. Further, Defendants have maintained registered agents in the State of Illinois.
5. This court has personal jurisdiction over Defendants pursuant to and consistent with
the Constitutional requirements of Due Process in that Defendants, acting through their agents or
apparent agents, committed one or more of the following:
a. The transaction of any business within the state;
b. The making of any contract within the state;
c. The commission of a tortious act within this state; and
d. The ownership, use, or possession of any real estate situated within this
state.
6. Requiring Defendants to litigate these claims in Illinois does not offend traditional
notions of fair play and substantial justice and is permitted by the United States Constitution. All
of Plaintiff’s claims arise in part from conduct Defendants purposefully directed to Illinois. On
information and belief, Defendants’ Nexium products are sold at hundreds of local and national
pharmacies, including, but not limited to Wal-Mart, Target, Walgreens, CVS, Schnuck’s and
Dierberg’s, throughout the State of Illinois. On information and belief, Defendants avail
themselves of numerous advertising and promotional materials regarding their defective Nexium
products specifically intended to reach consumers in Illinois, including but not limited to
advertisements on local Illinois television programs, advertisements on local Illinois radio
broadcasts, advertisements on billboards in Illinois and advertisements in print publications
Case 3:16-cv-00493 Document 1 Filed 05/03/16 Page 2 of 19 Page ID #2
3
delivered to consumers in the State of Illinois.
7. Plaintiff’s claims arise out of Defendants’ design, marketing and sale of Nexium
products in the State of Illinois.
8. Defendants regularly conduct or solicit business and derive substantial revenue
from goods used or consumed in, inter alia, the State of Illinois.
9. Defendant AstraZeneca Pharmaceuticals LP is, and at all times relevant to this
action was, a Delaware corporation with its corporate headquarters in Wilmington, Delaware.
10. At all times relevant hereto, Defendant AstraZeneca Pharmaceuticals LP was
engaged in the business of designing, developing, manufacturing, testing, packaging, promoting,
(b)(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
(c) (Firm Name, Address, and Telephone Number) (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF(U.S. Government Not a Party) or
and(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
PERSONAL INJURY PERSONAL INJURY
PROPERTY RIGHTS
LABOR SOCIAL SECURITY PERSONAL PROPERTY
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITSHabeas Corpus:
IMMIGRATIONOther:
V. ORIGIN (Place an “X” in One Box Only)
(specify)
VI. CAUSE OF ACTION(Do not cite jurisdictional statutes unless diversity)
VII. REQUESTED IN COMPLAINT:
CLASS ACTION DEMAND $JURY DEMAND:
VIII. RELATED CASE(S) IF ANY (See instructions):
FOR OFFICE USE ONLY
HARRY MASON,
Madison County, IL
The Driscoll Firm, P.C.211 North Broadway, Suite 4050, St. Louis, MO 63102314-932-3232
ASTRAZENECA PHARMACEUTICALS LP; and ASTRAZENECA LP,
New Castle County, DE
28 U.S.C. 1332 (a)(1)
Products liability litigation
05/03/2016 /s/ John Driscoll
Case 3:16-cv-00493 Document 1-1 Filed 05/03/16 Page 1 of 2 Page ID #20
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
I.(a) Plaintiffs-Defendants.
(b) County of Residence.
(c) Attorneys.
II. Jurisdiction.
. ; NOTE: federal question actions take precedence over diversity cases.
III. Residence (citizenship) of Principal Parties.
IV. Nature of Suit.
V. Origin.
VI. Cause of Action. Do not cite jurisdictional statutes unless diversity.
VII. Requested in Complaint.
VIII. Related Cases.
Date and Attorney Signature.
Case 3:16-cv-00493 Document 1-1 Filed 05/03/16 Page 2 of 2 Page ID #21
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
))))))))))))
v. Civil Action No.
SUMMONS IN A CIVIL ACTION
To:
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
The Driscoll Firm, P.C.211 North Broadway, Suite 4050St. Louis, Missouri 63102
Case 3:16-cv-00493 Document 1-2 Filed 05/03/16 Page 1 of 2 Page ID #22
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for
was received by me on .
I personally served the summons on the individual at
on ; or
I left the summons at the individual’s residence or usual place of abode with
, a person of suitable age and discretion who resides there,
on , and mailed a copy to the individual’s last known address; or
I served the summons on , who is
designated by law to accept service of process on behalf of
on ; or
I returned the summons unexecuted because ; or
Other
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:
Additional information regarding attempted service, etc:
3:16-cv-493
0.00
Case 3:16-cv-00493 Document 1-2 Filed 05/03/16 Page 2 of 2 Page ID #23
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
))))))))))))
v. Civil Action No.
SUMMONS IN A CIVIL ACTION
To:
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.