This case was last updated from PACER on 09/16/2021 at 11:20:30 (UTC).

NEISWONGER v. ABBOTT LABORATORIES et al

Case Summary

On June 6, 2021, Terry Neiswonger, (“Plaintiff”)  represented by David L. Friend of Hissey, Mulderig & Friend, PLLC, filed a personal injury - medical/pharmaceutical product liability lawsuit against Abbott Laboratories, Takeda Pharmaceuticals Usa, Inc, Takeda Pharmaceuticals, America, Inc.,Pfizer, Inc., Takeda Development Center Americas, Inc. f/k/a Takeda Global Research & Development Center, Inc., and Takeda Pharmaceutical Company Limited, (collectively, “Defendants”), seeking compensatory relief, along with pre-judgment and post-judgment interest and costs for the alleged injuries suffered by the Plaintiff as a result of the use of the Defendants’ PPI products. This case was filed in the U.S. District Court for the District of New Jersey with Judges Mark Falk and Claire C. Cecchi presiding.

 

In the complaint, the Plaintiff alleges “As a result of using PPI Products, Plaintiff/Decedent suffered pain and suffering, emotional distress, mental anguish, and personal and economic injur(ies) that are alleged to have been caused by the use of the PPI Products identified. These injuries include but are not limited to: injury to himself/herself, injury to the person represented, and economic loss.”

 

The Plaintiff also alleges that “Plaintiff/Decedent used the following PPI Products, for which claims are being asserted: Prevacid and Protonix. The injuries suffered by Plaintiff/Decedent as a result of the use of PPI Products include, among others: Acute Interstitial Nephritis (AIN), Acute Kidney Injury (AKI), Chronic Kidney Disease (CKD), and End Stage Renal Disease (ESRD).”

 

There are eleven claims for relief laid down by the Plaintiff. These include Strict Product Liability for alleged design defect and alleged failure to warn, alleged negligence and alleged negligence per se, alleged breach of express warranty, alleged breach of implied warranty, alleged negligent misrepresentation, alleged fraudulent misrepresentation, alleged fraudulent concealment, and alleged violation of State Consumer Protection Laws of the State of Arkansas.

 

In the prayer for relief, the Plaintiff requests the Court to order judgment against Defendants of compensatory damages, punitive damages, interest, costs of suit and such further relief as the Court deems equitable and just, and as set forth in the Master Long Form Complaint and Jury Demand, as appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-12827

  • Filing Date:

    06/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

Judge Details

Referral Judge

Mark Falk

Presiding Judge

Claire C. Cecchi

 

Party Details

Plaintiff

TERRY NEISWONGER

Defendants

ABBOTT LABORATORIES

TAKEDA PHARMACEUTICALS USA, INC.

TAKEDA DEVELOPMENT CENTER AMERICAS, INC F/K/A TAKEDA GLOBAL RESEARCH & DEVELOPMENT CENTER, INC.

PFIZER, INC.

TAKEDA PHARMACEUTICALS COMPANY LIMITED

TAKEDA PHARMACEUTICALS AMERICA, INC.

In Re

PROTON-PUMP INHIBITOR PRODUCTS LIABILITY LITIGATION (No. II)

Attorney/Law Firm Details

Plaintiff Attorney

DAVID L. FRIEND

Attorney at HISSEY, MULDERIG & FRIEND, PLLC

9442 Capital Of Texas Hwy., Suite 400

Austin, TX 78759

Defendant Attorney

JEFFREY R. LILLY

Attorney at COUNSEL NOT ADMITTED TO USDC-NJ BAR

816 Congress Avenue, Suite 1510

Austin, TX 78701

 

Court Documents

#4

(#4) NOTICE of Appearance by JEFFREY R. LILLY on behalf of TAKEDA DEVELOPMENT CENTER AMERICAS, INC F/K/A TAKEDA GLOBAL RESEARCH & DEVELOPMENT CENTER, INC., TAKEDA PHARMACEUTICALS AMERICA, INC., TAKEDA PHARMACEUTICALS COMPANY LIMITED, TAKEDA PHARMACEUTICALS USA, INC. (LILLY, JEFFREY) (Entered: 07/22/2021)

#3

(#3) NOTICE of Appearance by JEFFREY R. LILLY on behalf of ABBOTT LABORATORIES (LILLY, JEFFREY) (Entered: 07/22/2021)

#2

(#2) SUMMONS ISSUED as to ABBOTT LABORATORIES, PFIZER, INC., TAKEDA DEVELOPMENT CENTER AMERICAS, INC F/K/A TAKEDA GLOBAL RESEARCH & DEVELOPMENT CENTER, INC., TAKEDA PHARMACEUTICALS AMERICA, INC., TAKEDA PHARMACEUTICALS COMPANY LIMITED, TAKEDA PHARMACEUTICALS USA, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jc, ) (Entered: 06/23/2021)

1 #1

Civil Cover Sheet Civil Cover Sheet-Neiswonger

#1

(#1) COMPLAINT against ABBOTT LABORATORIES, PFIZER, INC., TAKEDA DEVELOPMENT CENTER AMERICAS, INC F/K/A TAKEDA GLOBAL RESEARCH & DEVELOPMENT CENTER, INC., TAKEDA PHARMACEUTICALS AMERICA, INC., TAKEDA PHARMACEUTICALS COMPANY LIMITED, TAKEDA PHARMACEUTICALS USA, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12567081) with JURY DEMAND, filed by TERRY NEISWONGER. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet-Neiswonger)(FRIEND, DAVID) (Entered: 06/22/2021)

 

Docket Entries

  • 07/22/2021
  • View Court Documents
  • Docket(#4) NOTICE of Appearance by JEFFREY R. LILLY on behalf of TAKEDA DEVELOPMENT CENTER AMERICAS, INC F/K/A TAKEDA GLOBAL RESEARCH & DEVELOPMENT CENTER, INC., TAKEDA PHARMACEUTICALS AMERICA, INC., TAKEDA PHARMACEUTICALS COMPANY LIMITED, TAKEDA PHARMACEUTICALS USA, INC. (LILLY, JEFFREY) (Entered: 07/22/2021)

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  • 07/22/2021
  • View Court Documents
  • Docket(#3) NOTICE of Appearance by JEFFREY R. LILLY on behalf of ABBOTT LABORATORIES (LILLY, JEFFREY) (Entered: 07/22/2021)

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  • 06/23/2021
  • DocketMember Case Direct File on 6/22/21, for MDL 2789 PROTON-PUMP INHIBITOR PRODUCTS LIABILITY LITIGATION (No. II). (jc, ) (Entered: 06/23/2021)

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  • 06/23/2021
  • DocketFor all Case Management Orders #click here (jc, ) (Entered: 06/23/2021)

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  • 06/23/2021
  • View Court Documents
  • Docket(#2) SUMMONS ISSUED as to ABBOTT LABORATORIES, PFIZER, INC., TAKEDA DEVELOPMENT CENTER AMERICAS, INC F/K/A TAKEDA GLOBAL RESEARCH & DEVELOPMENT CENTER, INC., TAKEDA PHARMACEUTICALS AMERICA, INC., TAKEDA PHARMACEUTICALS COMPANY LIMITED, TAKEDA PHARMACEUTICALS USA, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jc, ) (Entered: 06/23/2021)

    Read MoreRead Less
  • 06/22/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against ABBOTT LABORATORIES, PFIZER, INC., TAKEDA DEVELOPMENT CENTER AMERICAS, INC F/K/A TAKEDA GLOBAL RESEARCH & DEVELOPMENT CENTER, INC., TAKEDA PHARMACEUTICALS AMERICA, INC., TAKEDA PHARMACEUTICALS COMPANY LIMITED, TAKEDA PHARMACEUTICALS USA, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12567081) with JURY DEMAND, filed by TERRY NEISWONGER. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet-Neiswonger)(FRIEND, DAVID) (Entered: 06/22/2021)

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