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