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FAGAN v. AMERISOURCEBERGEN CORP.

No. CV-03-3787 SJF WDW.

356 F.Supp.2d 198 (2004)

Timothy FAGAN, Plaintiff, v. AMERISOURCEBERGEN CORP., Aragen Inc., CVS Corporation, ProCare Pharmacy, Inc. and "John Doe Corporations 1-100" (fictitious names for Corporations who manufactured, distributed, or sold the drugs that are the subject of this suit and the containers the drugs were packaged and/or shipped in), Defendants.

United States District Court, E.D. New York.

July 29, 2004.

Attorney(s) appearing for the Case

Eric Turkewitz, The Turkewitz Law Office, New York, NY, for Plaintiff.

Debra O'Gorman, Dechert LLP, Loretta E. Lynch, Hogan & Hartson L.L.P., New York, NY, Mark D. Gately, Hogan & Hartson L.L.P., Baltimore, MD, Michael L. Kidney, Hogan & Hartson L.L.P., Washington, DC, Robert Ortiz, McAndrew, Conboy & Prisco, Woodbury, NY, for Defendants.

OPINION & ORDER

FEUERSTEIN, District Judge.

Timothy Fagan (plaintiff) commenced this diversity action against defendants AmerisourceBergen Corp. (ABC), Amgen Inc. (Amgen), CVS Corporation (CVS), ProCare Pharmacy, Inc. (ProCare), and "John Doe Corporations 1-100", (collectively, defendants) to recover damages for personal injuries, alleging claims for negligence, breach of the implied warranties of merchantability and fitness for a particular purpose...

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