ANAPOL, SCHWARTZ, WEISS, COHAN          LEVIN FISHBEIN SEDRAN                        

FELDMAN & SMALLEY, P.C.                               AND BERMAN

BY: SOL H. WEISS, ESQUIRE                               BY: ARNOLD LEVIN, ESQUIRE

I.D. NO. 15925                                                           I.D. NO. 02280

1900 DELANCEY PLACE                                        510 WALNUT STREET SUITE 500

PHILADELPHIA, PA  19103-6690                          PHILADELPHIA, PA 19106

(215) 735-1130; FAX (215) 735-2024                        (215) 592-1500

 

GREITZER & LOCKS                                            

BY: LEE BALEFSKY, ESQUIRE

I.D. NO. 25321

1500 WALNUT STREET, 20TH FLOOR

PHILADELPHIA, PA  19103                                   

(215) 893-0100

 

PLAINTIFFS’ LIAISON COUNSEL

_____________________________________________________

 

IN THE COURT OF COMMON PLEAS

PHILADELPHIA COUNTY, CIVIL TRIAL DIVISION

 

IN RE: BAYCOL LITIGATION                  :           NOVEMBER TERM, 2001

IN THE PHILADELPHIA COURT :

OF COMMON PLEAS                                 :           MASTER DOCKET NO. 0001

_____________________________________________________

 

PLAINTIFFS’ INTERROGATORIES (MASTER SET)

TO DEFENDANTS WARNER LAMBERT, PARKE DAVIS & PFIZER

 

Pursuant to Rule 4005 et seq. of the Pennsylvania Rules of Civil Procedure, the plaintiffs propound the following interrogatories to the Defendants, to be answered separately and fully, in writing, and under oath as prescribed by the Rules, within 30 days, or at such other time as ordered by the Court.

 

INSTRUCTIONS

 

1.         Each Interrogatory refers to information in the custody, control, and possession of the defendants, or known to the defendants, as well as in the custody, control, and possession of or known to Defendants’ counsel, representatives, agents, servants, investigators, consultants, and other third parties retained by the defendants, and their counsel, employees, representatives, agents, servants, investigators and consultants.


 

2.         If there is a claim of privilege with respect to any document requested, the defendant shall:

(a)        Identify in its Answer each document for which a privilege is claimed;

(b)        A description of the document;

(c)        The date of the document;

(d)        The names of the addressees and addressors;

(e)        The identity and address of every person to whom a copy was given or communicated;

(f)         The general subject matter of the document;

(g)        A statement of the facts constituting the basis for any claim of privilege; and,

(h)        The specific basis on which the privilege is claimed.

 

3.         When asked to identify a person, or if the response involves a person, for each person please state the full name, business title, and the current and/or last known home and business addresses and telephone numbers.

 

4.         When asked to identify a communication, or if an answer involves a communication, for each communication please state the parties to the communication, the nature of the communication (e.g., written, oral, and/ or recorded), witnesses to the communication, and the substance of the communication.

 

5.         When asked to identify a document, or when an answer involves a document, please state the person who wrote, composed or created the document, the intended recipients, the date originated, the date sent, the date received, all persons having copies of the document, and the subject matter and content. In lieu of identifying a document, a copy of the document can be attached to these responses.

 

6.         For each Interrogatory, identify any persons providing information, and state whether the response is based on the personal knowledge of the person providing the information. If the response is not based on the personal knowledge of the person providing the information, identify the sources (e.g. persons and/or documents) of that information.

 

7.         If information contrary to that provided in an answer was provided by any person to the person providing the answer, or to your attorneys, identify each person, providing conflicting information, state the conflicting information, and state the reasons the conflicting information was not relied upon.

 

8.         For each answer, identify all documents that you believe support your response.

 

9.         If in the course of this litigation you have produced, or will produce, documents or exhibits that are not covered in the categories listed in the Plaintiffs’ Request for Production of Documents, please, with respect to each of those documents, identify each by Bates number and/or by any other appropriate description.


10.       These interrogatories shall be deemed continuing, to the full extent required or permitted under the Pennsylvania Rule of Civil Procedure, so as to require supplementary responses as soon as practical after you receive information which renders any of your answers to these interrogatories incomplete or inaccurate.

 

DEFINITIONS

 

1.      “Defendant”, “You” and “Your” refers to every corporation, person, or entity upon which plaintiffs serve these discovery requests, (including, but not limited to, every manufacturer, marketer, distributor or developer of Gemfibrozil and/or Lopid, as defined below). “Defendant”, “You” and “Your” includes every predecessor in interest of each such company, each of its successors in interest, and every company affiliated with each such company by common ownership or control

 

2.      The term, “Lopid,” refers to Gemfibrozil and/or Lopid.

 

3.      AFDA@ means the United States Food & Drug Administration, any committee, subcommittee or advisory committee thereto, and any person, employee or agent acting as a representative thereof.

 

4.      AForeign Government Regulatory Authority@ means any agency, committee, subcommittee or advisory committee of any government other than the United States of America, which bears responsibility or exercises authority over the manufacture, distribution, labeling, sale and/or marketing of pharmaceutical products or human health in any jurisdiction, and any employee or agent acting as a representative thereof.

 

5.      The term “person” is used in its broadest possible sense and includes a natural person, corporation, firm, association, organization, business, trust, corporation, governmental or other public entity.

 

6.      The term “document” or any similar term is used in its broadest possible sense and shall include, but is not limited to any original, reproduction or copy, and nonidentical copy (i.e., copy with marginal notes, deletions, etc.) of any kind of written, printed, typed, electronically created or stored, or other graphic matter of any type, documentary material, or drafts thereof. Such “document(s)” shall include, but are not limited to, any correspondence, memoranda, interoffice or intra-office communications, notes, diaries, journals, calendars, contract documents, publications, calculations, estimates, vouchers, minutes of meetings, invoices, reports, studies, computer tapes, computer disks, computer cards, computer files, e-mails, photographs, negatives, slides, dictation belts, voice tapes, telegrams, notes of telephone conversations and notes of any oral communications.

 

7.      The term “communication” is used in its broadest sense and refers to any oral, written, video, photographic, or other means utilized to express an idea, thought, or information from one person to another, or among persons.


 

8.      The relevant time period is 1992 to the present.

 

 

 

INTERROGATORIES

1.         State the corporate name of Defendant, any name under which Defendant does business, where the Defendant is incorporated, and where the defendant’s principle place of business is located.

ANSWER:

 

 

 

2.         State the full corporate name and principal address of each entity with whom you are affiliated through common ownership and control. With respect to each such entity, describe its past and present role in connection with the design, testing, manufacture, marketing, sale and/or distribution of Lopid.

ANSWER:

 

 

 

 


3.         If you, or any of your divisions, subsidiaries, or other entities retained or owned (wholly or in part) by you, manufactured, tested, licensed, sold and/or distributed Lopid, state: (a) the generic name of the product; and (b) each of your brand names or trade names for the product.

ANSWER:

 

 

 

 

4.         Identify each division, subsidiary, operating unit and any independent contractor or consultant, or other third party engaged by you responsible for or involved in the following with regard to Lopid:

 

i.           Product design;

ii.          Pre-clinical testing;

iii.         Clinical testing;

iv.         Regulatory approval and compliance;

v.          Manufacturing;

vi.         Marketing;

vii.        Labeling;

viii.       Promotion;

9.                  Distribution; and

x.         Post-market testing

ANSWER:

 


 

 

5.         State whether Defendant has given or received a license regarding the manufacture, distribution, or sale of Lopid.   If so, state the details of such arrangements, and the identity of any licensee or licensor.

ANSWER:

 

 

 

9.                  State the name, title, current or last known address and telephone number of each person who has ever participated on any committee that approves advertising, promotions, marketing and/or labeling for Lopid;.

 

ANSWER:

 

 

 

 

 


7.         State the name, title, current or last known address and telephone number of each person who has ever participated on the regulatory affairs committee, any other committee, or regulatory affairs department, however denominated, which has supervised or directed regulatory affairs regarding Lopid .

ANSWER:

 

 

 

 

 

8.         State the name, title, current or last known address and telephone number of each person who headed the following departments from 1992 to the present, stating for each individual the inclusive dates during which they held the position and the nature of their responsibilities pertaining to Lopid. If organizational charts or diagrams exist containing such information, please provide each such chart or diagram for the time set forth herein and identify the applicable time frame.

 

1)        Legal;

 

2)         Manufacturing;

 

3)         Sales, Marketing and/or Promotion;

 

4)         Finance;

 

5)         Medical Communications;

 


6)         Research and Development;

 

7)         Regulatory Affairs; and

 

8)         Post-marketing surveillance.

ANSWER:

 

 

 

 

9.  With regard to the previous interrogatory, also identify each person, including name, title, current, or last known address and telephone number, from the following departments who was assigned any supervisory duties or responsibilities regarding Lopid:

 

                        1)         Legal;

 

2)         Manufacturing;

 

3)         Sales, Marketing and/or Promotion;

 

4)         Finance;

 

5)         Medical Communications;

 

6)         Research and Development;

 

7)                  Regulatory Affairs;

ANSWER:


 

 

 

 

 

10.       State the name, title, current or last known address and telephone number of each person who has ever been in charge or control of the following, stating for each individual the inclusive dates during which they held the position and the nature of their responsibilities pertaining to Lopid. If organizational charts or diagrams exist containing such information, please provide each such chart or diagram for the time set forth herein and identify the applicable time frame.

8.                Pre-clinical animal testing of Lopid or liaison with healthcare providers or organizations or companies regarding pre-clinical animal testing of Lopid.

b.         Pre-market human or clinical testing of Lopid or liaison with healthcare providers or organizations or companies regarding pre-market human or clinical testing of Lopid.

c.         Post-market human or clinical testing of Lopid or liaison with healthcare providers or organizations or companies regarding post-market human or clinical testing of Lopid.

d.         Post-market medical surveillance of Lopid or liaison with healthcare providers or organizations or companies regarding post-market medical surveillance of Lopid.

e.         Product licensing regarding Lopid.

f.          Product manager regarding Lopid.


 

ANSWER:

 

11.       Identify the following with regard to any government investigation, regulatory action, indictment, information, charge and/or civil lawsuit that has ever been made or brought against Defendant as it pertains to the promotion, marketing, sale or distribution of Lopid, excluding matters filed in the Pennsylvania Court of Common Pleas, Philadelphia County, Civil Trial Division, under the Master Docket No. 0001:

 

a.         The product(s) involved;

 

b.         The court, agency and jurisdiction involved;

 

c.         The filing date;

 

d.         The time period at issue;

 

e.         The current status or disposition of the investigation, regulatory action, suit or

 

charge; and

 

f.          Any claim, file, court number docket index or other identifying information regarding the investigation, regulatory action, suit or charge.

ANSWER:

 

 


 

12.       If you, or any of your divisions, subsidiaries, or other entities retained or owned (wholly or in part) by you, manufactured, tested, licensed, sold and/or distributed Lopid, state whether any clinical trials were ever conducted pursuant to an Investigational New Drug Application (“IND”), New Drug Application (“NDA”), Supplemental New Drug Application or Amended New Drug Application (“ANDA”). With respect to each such trial, identify the following:

 

a.         The names and addresses of all clinical investigation sites;

 

b.         The names and addresses of all clinical investigators, separately identifying those investigators in charge of such studies;

 

c.         The names and addresses of all sponsor-investigators;

 

d.         The names and addresses of all contract research organizations;

 

e.         Whether such clinical trials have been concluded;

 

f.          A description of what each clinical trial concerned, and the results of each such clinical trial;

 

7.                  The identity of each person responsible for maintaining the records regarding these clinical trials;

 

h.         Whether any clinical trials have been terminated at the request and/or the demand of the FDA;


 

i.          Whether the FDA has ever lodged any complaints, warnings, or reprimands with respect to the conduct of any of the clinical trials;

 

j.          Identify who has custody of the protocols followed in each clinical trial; and

 

k.         Identify all records and data from, reflecting and/or relating to each such clinical trial.

 

ANSWER:

 

 

 

 

13.       With respect to each NDA, IND, Supplemental NDA, or ANDA, state whether there were any comments, responses, or opposition made to any applications for Lopid either in written form or in the form of testimony from any source, and if so, please identify the objecting party and attach any such testimony, comments, objections or responses of the objecting party.

ANSWER:

 

 

 

 


14.       Identify which, if any, of your divisions, subsidiaries, or other entities retained or owned (wholly or in part) by you, manufactured, tested, licensed, sold and/or distributed Lopid outside of the United States, and state the following:

 

a.          The location(s) outside of the United States where it was marketed

b.         The period of time when each such product was marketed, sold and/or distributed in each such location outside of the United States;

c.         The indications, contraindications and risks reflected in the labeling          which accompanied the product when it was marketed in each such                          location outside of the United States (in English); and

d.         Whether any foreign government regulatory authority took any action to    prohibit or limit the manufacture, sale, distribution or use of each such               product, identifying the agency involved and the action taken.

e.          Whether any foreign government regulatory authority ever lodged any complaints, warnings, or reprimands with respect to conduct in the manufacturing, sale, distribution, or use of each such product, and the action taken.

 

ANSWER:

 

 

 

 

 

 


15.       Identify all warnings regarding Lopid that you have ever distributed, including, but not limited to, package inserts, product labels, brochures, product information sheets, and/or promotional information.

ANSWER:

 

 

 

16.       Identify all warnings regarding Lopid, and all drafts of those warnings, that were prepared but not distributed by you, including, but not limited to, package inserts, product labels, brochures, product information sheets and/or promotional information.

ANSWER:

 

 

 

 

17.       Identify each trade association, professional society or other group in which you are or have been a member.

ANSWER:

 

 

 

 


18.       With respect to each association, society or other group, state: (a) whether the membership includes any person or entity other than yourself who is/was engaged in the manufacture, sale or distribution of Lopid; and (b) the dates and locations of each meeting of each trade association, society or group to the extent that the meeting concerned Lopid, in whole or in part.

ANSWER:

 

 

 

 

19.       At any time prior to August 2001, did you receive any information that Rhabdomyolysis              occurred in patients using Lopid, alone and/or in combination with Baycol.

 

 

 

 

20.       If your answer is “yes,” for each such injury, disease, or condition:

(a)        State the date on which you first became aware that any of the injuries, diseases, or conditions had occurred in any patient using Lopid alone, and/or in combination with Baycol;

(b)        Identify each person who furnished and/or received such information;


(c)        State whether each report of such information was provided to the FDA and, if so, when; and

(d)      Identify all documents relating, referring to or embodying such information and/or its reporting to the FDA.

 

ANSWER:

 

 

 

 

21.       Identify all animal studies of which you and/or any of your divisions or subsidiaries or affiliates are aware (regardless of whether the studies were conducted by or on behalf of you or any of your divisions, subsidiaries, or other independent contractor or third party retained by you) that examined the development of Rhabdomyolysis in animals subjected to Lopid or any combination of Lopid and a statin.

ANSWER:

 

 

 

 

 

 


 

22.       Identify all documents that relate, refer to, or embody all studies identified in response to the previous interrogatory.

 

ANSWER:

 

 

 

 

23.       State the total amount of insurance which you believe may be available to satisfy any claims that have been made in the past and which may be made in the future against you, your predecessors, successors, and assigns as a result of the use of Lopid. Specifically, and without limitation, identify every general liability, comprehensive general liability, advertising liability or product liability policy (and every other policy which you believe may provide coverage to any personal injury) that you purchased or on which you are a named insured (including policies purchased by related corporate entities), including all excess layers and/or umbrella policies, for a minimum of the years 1992-present, or for any additional years in which you manufactured or distributed Lopid, including the policy number, name and address of the insurer who issued the insurance policy and indicate any self-insured retention;

 

ANSWER:


 

 

 

24.       With respect to each of the policies outlined in the previous interrogatory answer, state the following:

(a)        The type of coverage provided by each such policy (e.g., claims made, occurrence based, etc.);

(b)        The limits of liability per claim and in the aggregate for each such policy;

(c)        The effective dates of each such policy;

(d)        Whether each policy is consuming (e.g., whether payments of counsel fees and defense costs consume the available limits of liability); and

(e.)       The amounts that have been paid under each such policy and the extent to which such payments have exhausted the aggregate limits of coverage provided by each such policy.

ANSWER:

 

 

25.       State the name, current or last known address, and telephone number of each of your risk managers, and/or persons most knowledgeable about your insurance coverage for the years 1992 to 2001.

 

ANSWER:


 

 

 

26.       State the name, current address, and telephone number of each of your insurance broker(s) for the years from 1992 to the present for the insurance identified in response to Interrogatory 23.

ANSWER:

27.       State whether or not you have tendered any claims or provided notice in this litigation to any insurer or any insurance policy other than those identified above. If so, include the name and address of the insurer and the policy number and, if the policy is issued to anyone other than yourself, the insured under the policy

ANSWER:

 

 

 

 


28.       State whether you have been notified of any reservation of rights by any carrier, and, if so, identify all documents relating thereto.

ANSWER:

 

 

 

 

29.       Describe your document retention/destruction policies and procedures from 1985 through the present, including:

(a)        What documents (including computer files) are routinely discarded and when; and

 

b)         How and where you file safety related documents, including adverse event reports.

 

ANSWER:

 

 

 

 

30.       If you, or any of your divisions, subsidiaries, or other entities retained or owned (wholly or in part) by you manufactured, tested, licensed, sold and/or distributed Lopid, state if you have ever modified the product from the original form in which the FDA approved it for marketing, distribution, sale and use. If so,


(a)        Describe each modification;

(b)        State the date(s) on which you first notified the FDA of the modification,                and;

(c)        State the reason for each modification.

ANSWER:

 

 

 

 

31.       If you, or any of your divisions, subsidiaries, or other entities retained or owned (wholly or in part) by you, manufactured, tested, licensed, sold and/or distributed Lopid, separately identify, enumerate and describe every complication or physical problem of any nature which you contend has occurred or can occur as a result of utilization of the product alone and/or in combination with a statin.

ANSWER:

 

 

 

 


32.       Describe your involvement with every task force, council, and/or campaign including, without limitation, any government, and/or private task force, council and/or campaign that involved the prevention of and treatment reducing cholesterol. Your answer must include, without limitation, the following:

(a)        The name and purpose of each task force, council and/or campaign;

(b)        The nature and time period of your involvement in each task force, council and/or campaign;

(c)        A description of all meetings, conversations, written communications and/or any other communications, you had with each task force, council, campaign and/or its members and/or employees; and

(d)        Any money, financial contribution and/or financial assistance of any kind provided by you to any task force, council and/or campaign.

ANSWER:

 

 

 

 

33.       Describe every joint effort, of any kind and any nature, with any other defendants in this litigation, concerning the following:

a.         The development and testing of Lopid;

 

b.                     The marketing and/or promotion of Lopid, including any marketing and/or promotion that took place through any trade association and/or professional organization; and,


c.         Post-market surveillance for Lopid.

ANSWER:

 

 

 

 

34.       State whether you intend to assert that you are not liable for all or any portion of the claims against you because some other party is (other than prescribing and treating physicians, and dispensing pharmacies).

ANSWER:

 

 

 

 

35.       If the answer to the preceding interrogatory is “yes,” identify all such parties, and indicate why you contend these parties are liable for all or a portion of plaintiff’s claims.

ANSWER:

 

 

 

 


36.       Describe the distribution process for Lopid. Your answer shall include, without limitation:

a.         An identification of who encapsulated Lopid;

b.         An identification of who bottled Lopid;

c.         An identification of who distributed Lopid; and

d.         A description of how Lopid is obtained by

(i)         Pharmacies;

(ii)        Physicians;

(iii)        Hospitals;

(iv)       Diet centers; and,

(v)        Clinics.

ANSWER:

 

 

 

 

37.       Identify and describe all indemnity agreements, agreements to assume liability, agreements to assume the defense, or any other such agreements between you, your insurer and any other person regarding any claims pertaining to Lopid.

ANSWER:

 

 


 

38.       Provide the following information about your company:

a.         The identity, by name and title, of each of your current corporate officers;

b.         The identity, by name and title, of your current board of directors;

c.         State whether your company is owned in material part (50% or greater) by any other persons or entities and, if so, identify the owners and their ownership interests;

d.         Provide the most current financial data available regarding your company’s:

i.          Gross sales;

ii.          Net income;

iii.         Total assets;

iv.         Cash;

v.          Current assets;

vi.         Current liabilities;

vii.        Equity;

viii.       Long-term debt; and

10.               Short term debt.

ANSWER:

 

 

 

 


39.       Identify the individual, including title, address, and telephone number, most knowledgeable regarding your financial status.

ANSWER:

 

 

 

 

40.       Identify the individual, including title, address, and telephone number, most knowledgeable regarding your insurance coverage.

ANSWER:

 

 

 

 

41.       Identify every person, including title, address, and telephone number, most knowledgeable regarding MIS, record keeping, document cataloguing, and storage.

ANSWER:

 

 

 

 


42.       Identify every officer and employee of your company or any of your subsidiaries or divisions, who was involved in any way in the acquisition of rights to market Lopid, or in the development, testing, licensing, manufacture, labeling, distribution, or sale of Lopid, and identify any documents authored or received by those individuals relating or referring to Lopid.

ANSWER:

 

 

 

 

43.       Prior to completing your answers to these interrogatories, and your responses to Plaintiffs’ Request for Production of Documents — Master Set, did you make a due and diligent search of all of your books, records, documents and papers, and a due and diligent inquiry of all of your employees, representatives, and agents for the purpose of obtaining all information available in response to the above-referenced discovery requests?

ANSWER:

 

 

 

 


44.       Identify with particularity, all side effects known to you prior to the first production or sale of Lopid. In doing so, state the following:

(a)        How and when each side effect was discovered;

(b)        The name, current title, address and telephone number of each the individual who discovered each side effect;

(c)        How and when each side effect was reported to the FDA; and,

(d)        Each step you took to prevent or warn of each side effect.

ANSWER:

 

 

 

 

45.       Identify with particularity, each contraindication known to you prior to the first production or sale of Lopid. In doing so, state the following:

(a)        How and when the contraindication was discovered;

(b)        The name, current title, address and phone number of each individual who discovered each contraindication;

(c)        How and when each contraindication was reported to the FDA; and,

(d)        Each step you took to prevent or warn of each contraindication.

ANSWER:

 

 


 

46.       Identify every printed and/or published material by, for, or funded by you from the time Lopid was first produced to the present which refer to the use, safety, efficacy, side effects and contraindications for Lopid in:

(a)        All sales and promotional material (including, but not limited to, letters, directories, sales, memorandums, pamphlets, and brochures);

(b)        All press releases;

(c)        All articles and advertising prepared for publication in scientific journals and other periodicals.

In answering, please state with particularity:

11.              the date the material was prepared;

12.              the date, method, and manner in which the material was distributed;

13.              the individual(s) or groups to whom it was distributed;

14.              if it appeared in a publication, supply the name, issue, date, page, stock numbers or other identifying symbols;

15.              the name, title, address, and telephone number of the author and your relationship with him/her/them;

16.              whether copies have been retained and their location

17.              identify the custodian of such records or copies.

ANSWER:

 

 


 

47.       State how you have documented any reports of incidents or problems with persons who took Lopid from the time of first production to present. In answering, please specify every written or oral protocol concerning what actions, if any, you would take after receiving such reports.

ANSWER:

 

 

 

 

48.       With respect to the preceding interrogatory, state if and when you in any manner communicated such reports to the FDA, heath care providers, or any governmental entity.

ANSWER:

 

 

 

 


49.       Describe with particularity each electronic database maintained by you regarding any reported, potential or suspected incident, problem or side effect or adverse effect associated with Lopid, identifying the title of all such files, the number of records contained in each such file, the official description of the contents in such files, the date of the earliest records in such files, the date of the most recent report in such files, and the custodian of the records of all such files.

ANSWER:

 

 

 

 

50.       Identify every meeting that your agents, and/or employees ever had with any member of the FDA concerning any issue relating to Lopid. In answering, identify each date, who was present, and the subject matter of each meeting.

ANSWER:

 

 

 

 

52.       Did you ever notify the FDA, healthcare providers, and/or consumers of the information you had regarding side effects, adverse reactions, or adverse events associated with Lopid? If so, identify every document that provides or refers to the information you provided.

ANSWER:

 

 


 

53.       If you were aware of side effects or adverse reactions or adverse events associated with Lopid, but did not notify the FDA, healthcare providers, and/or consumers of what you knew, set forth the reasons why the information was not provided.

ANSWER:

 

 

 

 

54.       State whether Lopid was ever marketed outside of the United States. In answering, please specify every brand name, and where and when it was marketed.

ANSWER:

 

 

 

 

55.       If you marketed Lopid outside of the United States, please specify whether the warnings were different from those used in the United States.

ANSWER:

 

 

 


56.       If you marketed Lopid outside of the United States, identify each foreign government or agency that sought to prohibit or limit its sale, distribution, or use, and specify the date of each such action.

ANSWER:

 

 

 

 

 

57.       Did you ever consider withdrawing, and/or did you ever withdraw, Lopid from any foreign market? If so, identify each person (including name, current address, telephone and job title) who has relevant knowledge of this information, state what such each person knew, and when.

ANSWER:

 

 

 

 

58.       Identify and detail your relationship with any third party that was involved in the promotion, marketing, or sales of Lopid.

ANSWER:

 


 

67.       State the name, job title, current address and telephone number of each person who participated in the preparation of these Answers to Interrogatories, and indicate the specific responses or information each contributed, excluding counsel.

ANSWER:

 

Respectfully submitted,

ANAPOL, SCHWARTZ, WEISS, COHAN

FELDMAN & SMALLEY, P.C.

 

 

 

______________________________________

SOL H. WEISS, ESQUIRE

Liaison Counsel for Plaintiffs

 

GREITZER & LOCKS

 

 

 

______________________________________

LEE BALEFSKY, ESQUIRE

Plaintiffs’ Liaison Counsel

 

LEVIN FISHBEIN SEDRAN & BERMAN

 

________________________________________

ARNOLD LEVIN, ESQUIRE

 

Dated: ____________________