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IN RE LIFESCAN INC CONSUMER LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: IRLICL192181, CourtName: MISC 3, State: CA California, UniqueCaseRef: LCD>IRLICL192181, Consolidated Class Action, Lifescan, Johnson, Surestep System, Class Action Complaint, Test Strips, Class Members, Blood Glucose, Meter, Defects, California, Common, Diabetic Treatment Network, Acts, Blood Glucose Level, Representations, Monitoring Systems, United States, Advertisement, Material Facts, Medical Monitoring, Named Plaintiffs, Health Care Professionals, Economic Damages, Distribution, High Blood Glucose, Fda, True Facts , ContentID: 120252943

Case Documents
1   Government Exhibit # 3RD AMENDED CONSOLIDATED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 128742
52 pages
PDF
Total Documents: 1 document , 52 pages
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1 . Government Exhibit # 3RD AMENDED CONSOLIDATED COMPLAINT

EXTRACTED KEY WORDS
LIFESCAN
PLAINTIFFS
JOHNSON
SURESTEP SYSTEM
CLASS ACTION COMPLAINT
DEFENDANTS
TEST STRIPS
CLASS MEMBERS
BLOOD GLUCOSE
METER
DEFECTS
CALIFORNIA
COMMON
DIABETIC TREATMENT NETWORK
ACTS
BLOOD GLUCOSE LEVEL
REPRESENTATIONS
MONITORING SYSTEMS
UNITED STATES
ADVERTISEMENT
MATERIAL FACTS
MEDICAL MONITORING
NAMED PLAINTIFFS
HEALTH CARE PROFESSIONALS
ECONOMIC DAMAGES
DISTRIBUTION
HIGH BLOOD GLUCOSE
FDA
TRUE FACTS
                                                                                                   
      1    MILBERG WEISS BERSHAD                                                                   
             HYNES & LERACH LLP                                                                    
      2    WILLIAM S. LERACH (68581)
           DENNIS STEWART (99152)
      3    ALAN M. MANSFIELD (125998)
           BONNY E. SWEENEY (176174)
      4    PATRICK W. DANIELS (190715)
           ROBERT J. GRALEWSKI, JR. (196410)
      5    600 West Broadway, Suite 1800
           San Diego, CA  92101
      6    Telephone:  619/231-1058
                  - and -
      7    ALBERT H. MEYERHOFF (54134)
           355 South Grand Avenue
      8    Suite 4170
           Los Angeles, CA  90071
      9    Telephone:  213/617-9007

     10    McMANIS, FAULKNER & MORGAN
           JAMES McMANIS (40958)                          BUSHNELL, CAPLAN & FIELDING, LLP
     11    COLLEEN DUFFY SMITH (161163)                   ALAN M. CAPLAN (49315)
           160 West Santa Clara Street                    PHILIP NEUMARK (43008)
     12    Suite 1000, Tenth Floor                        221 Pine Street, Suite 600
           San Jose, CA  95113                            San Francisco, CA  94104-2715
     13    Telephone:  408/279-8700                       Telephone:  415/217-3800
           Co-Lead Counsel for Plaintiffs
     14
     15                                    UNITED STATES DISTRICT COURT

     16                                NORTHERN DISTRICT OF CALIFORNIA

     17                                          SAN JOSE DIVISION

     18     In re LIFESCAN, INC. CONSUMER                 )  Master File No. C-98-20321-JF(EAI)
     19    LITIGATION                                     )
                                                          ) CLASS ACTION
     20                                                   )
           This Document Relates To:                      ) THIRD AMENDED CONSOLIDATED
     21                                                   ) CLASS ACTION COMPLAINT
                  ALL CASES.                              )
     22                                                   )
                                                          )
     23                                                   )  Plaintiffs Demand A Trial by Jury

     24

     25
SNIPPETS:
  • Plaintiffs, on behalf of themselves and all others similarly situated, for their Third Amended
  • Consolidated Class Action Complaint, and on information and belief, except as to
  • This lawsuit asserts claims against LifeScan,
  • Johnson under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §1961, et seq.
  • and California statutory and common law.
  • sells to diabetics and their families the SureStep blood glucose monitoring system,
  • both the monitoring machine and "test strips"
  • accurately and reliably measuring diabetics' blood glucose levels, suffers from two design
  • Plaintiffs, by this TACCAC, challenge defendants' fraudulent, unlawful and unfair
  • conduct in manufacturing, advertising, and selling the SureStep system to plaintiffs and the
  • members both in California and to all similarly situated persons nationwide.
  • 27 THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT
  • 14 United States mail.
  • LifeScan's and Johnson & Johnson's fraudulent acts were deliberate acts of mail
  • In response to a print advertisement in a magazine and representations made on the
  • 25 SureStep meter box, plaintiff Morris purchased a defective SureStep system in or about
  • Plaintiff Morris seeks to recover economic damages
  • only, for herself and the other class members, as well as payment for medical monitoring.
  • manufacturing health products for distribution throughout the world.
  • material facts here at issue and actively participated in withholding this information from
  • and an inappropriate error message occurs when a user's blood glucose level is above 500 mg/dl
  • 24 the named plaintiffs purchased a defective SureStep system without knowledge of such
  • promotional materials distributed through the Diabetic Treatment Network,
  • 20 number one makers of blood glucose monitoring systems.
  • 22 diabetic with excessively high blood glucose levels], got a 'normal' or 'low' glucose
  • FDA characterized in July 1998 as a "situation in which there is a reasonable probability
  • particularly of the true facts known to and actually concealed by defendants.
  • advice and expertise of health care professionals, including members of the Diabetic Treatment
  •    |