UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

IN RE: ZANTAC (RANITIDINE) 

PRODUCTS LIABILITY 

LITIGATION 

MDL NO2924 

20- MD-2924

JUDGE ROBIN L ROSENBERG 

MAGISTRATE JUDGE BRUCE REINHART 

----------------"/ 

THIS DOCUMENT RELATES TO: 

Francis Jemellaro for Patricia Jemellaro, 

deceased 

(PlaintiffName(s)) 

JURY TRIAL DEMANDED 

SHORT- FORM COMPLAINT - VERSION 2 

The Plaintiff(s) named below, by counsel, file(s) this Short Form Complaint against 

Defendants named below. Plaintiff(s) incorporate(s) by reference the allegations contained in the 

Amended Master Personal Injury Complaint ("AMPIC") in In re: Zantac (Ranitidine) 

Products Lability Litigation, MDL No. 2924 (S.D. Fla). Plaintiff(s) file(s) this Short-Form 

Complaint - Version 2 as permitted by Pretrial Order No. 31 and as modified by the Court's 

Orders regarding motions to dismiss [DE 2532, 2512, 2513, 2515, and 2016]. 

Plaintiff(s) select(s) and indicate(s) by completing where requested, the Parties and Causes 

of Actions specific to this case. Where certain claims require additional pleading or case specific 

facts and individual information, Plaintiff(s) shall add and include them herein. 

Plaintiff(s), by counsel, allege as follows: 

I. PARTIES, JURISDICTION, AND VENUE

A. PLAINTIFF(S)

1. Plaintiff(s) ______________________ _

("Plaintiff(s)") brings this action (check the applicable designation):

D On behalf of [himselflherse/fl; 

Francis Jemellaro

X

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 1 of 9
□ In representative capacity as the ________ ,. on behalf

of the injured party, (Injured Party's Name)

2. Injured Party is currently a resident and citizen of (City, State)

___________ and claims damages as set forth below.

-ORDecedent died on (Month, Day, Year) _Jun ___ 

20 __ 

2

_009 __ . At the time of 

Decedent's death, Decedent was a resident and citizen of (City, State) 

Conowingo MD

If any party claims loss of consortium, 

3. Francis Jemelllaro ("Consortium Plaintiff') alleges damages for loss of

consortium. 

4. At the time of the filing of this Short Form Complaint, Consortium Plaintiff is a

citizen and resident of (City, State) Conowingo MD

5. At the time the alleged injury occurred, Consortium Plaintiff resided in (City, State)

Conowingo MD

B. DEFENDANT(S)

6. Plaintiff(s) name(s) the following Defendants from the Amended Master

Personal Injury Complaint in this action:

a. Brand-Name Manufacturers:

Boehringer ( All)

GlaxoSmithKline ( all)

Pfizer, Inc

Sanofi ( all)

Chattem, Inc

2 

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 2 of 9
b. Generic Manufacturers:

c. Distributors and Repackager:

McKesson

Chattem, Inc.

d. Retailers:

e. Others Not Named in the AMPIC:

3 

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 3 of 9
C. JURISDICTION AND VENUE

7. Identify the Federal District Court in which Plaintiff(s) would have filed this action

in the absence of Pretrial Order No. 11 ( direct filing) [ or, if applicable, the District

Court to which their original action was removed]:

------ District of MD ---

8. Jurisdiction is proper upon diversity of citizenship.

II. PRODUCT USE

9. The Injured Party used Zantac and/or generic ranitidine: [Check all that apply]

[ii By prescription 

[ii Over the counter 

10. The Injured Party used Zantac and/or generic ranitidine from approximately

(month, year) Jan 2000 to Jun 2009

III. PHYSICAL INJURY

11. As a result of the Injured Party's use of the medications specified above, [he/she]

was diagnosed with the following specific type of cancer ( check all that apply):

Check all Cancer Type Approximate Date of 

that Diagnosis 

apply 

□ BLADDER CANCER 

□ BREAST CANCER 

□ COLORECTAL/INTESTINAL CANCER 

□ ESOPHAGEAL CANCER 

4 

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 4 of 9
Check all Cancer Type Approximate Date of 

that Diagnosis 

apply 

□ GASTRIC CANCER 

□ KIDNEY CANCER 

□ LIVER CANCER 

□ LUNG CANCER 

Iii PANCREATIC CANCER Jan 2009 

□ PROSTATE CANCER 

□ OTHER CANCER: 

□ DEATH (CAUSED BY CANCER) 

12. Defendants, by their actions or inactions, proximately caused the injuries to

Plaintiff( s)

IV. CAUSES OF ACTION ASSERTED

13. The following Causes of Action asserted in the Amended Master Personal Injury

Complaint are asserted against the specified defendants in each class of

Defendants enumerated therein, and the allegations with regard thereto are adopted

in this Short Form Complaint by reference.

14. By checking the appropriate causes of action below, Plaintiff(s) assert these causes

of action based upon the law and applicable Sub-Counts of the following state(s):1

I Strict Products Liability- Failure to Warn through 

Warnings and Precautions (Against Brand-Name 

Manufacturer Defendants) 

All States and 

Territories, Except 

DE, IA, MA, NC, 

PA, and VA 

1 In selecting the relevant states above, Plaintiffs reserve all rights to argue choice of law issues at 

a later time. 

5 

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 5 of 9
Negligence-Failure to Warn through Warnings 

and Precautions (Against Brand-Name Territories, Except 

Manufacturer Defendants) LA, NJ, OH, and 

WA 

III Strict Products Liability- Failure to Warn through All States and 

Proper Expiration Dates (Against Brand-Name and Territories, Except 

Generic Manufacturer Defendants) DE, IA, MA, NC, 

PA,and VA 

IV Negligence-Failure to Warn through Proper All States and 

Expiration Dates (Against Brand-Name and Territories, Except 

Generic Manufacturer Defendants) LA, NJ, OH, OK, 

and WA 

V Negligence - Failure to Warn Consumers through CA, DE, DC, HI, 

the FDA (Against Brand-Name and Generic IN, KY, LA, MD, 

Manufacturer Defendants) MA,MN,MO, 

NV, NY, OR, and 

PA 

VI Strict Products Liability - Design Defect Due to All States and 

Warnings and Precautions (Against Brand-Name Territories, Except 

Manufacturer Defendants) DE, IA, MA, NC, 

PA and VA 

□ VII Strict Products Liability -Design Defect Due to All States and 

Improper Expiration Dates (Against Brand-Name Territories, Except 

and Generic Manufacturer Defendants) DE, IA, MA, NC, 

PA,and VA 

□ VIII Negligent Failure to Test (Against Brand-Name KS,TX 

and Generic Manufacturer Defendants 

Iii IX Negligent Product Containers: (Against Brand- All States and 

Name and Generic Manufacturers of ills Territories 

Iii X Negligent Storage and Transportation Outside the All States and 

Labeled Range (Against All Retailer and Territories 

Distributor Defendants 

XI Negligent Storage and Transportation Outside the All States and 

Labeled Range (Against All Brand-Name and Territories 

Generic Manufacturer Defendants 

□ XII Negligent Misrepresentation (Against Brand-Name CA only 

Manufacturers by Generic Consumers in 

California) 

□ XIII Reckless Misrepresentation (Against Brand-Name MA only 

Manufacturers by Generic Consumers in 

Massachusetts) 

6 

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 6 of 9
XIV Unjust Enrichment (Against All Defendants) All States and 

Territories 

IR] xv Loss of Consortium (Against All Defendants) All States and 

Territories 

IR] XVI Wrongful Death (Against All Defendants) All States and 

Territories 

□ Other

If Count XV or Count XVI is alleged, additional facts supporting the claim(s): 

Plaintiff Francis Jemellaro is/was the husband of Patricia who died in 2009. He lost consortium and claims all solatium damages as a 

result of her untimely death. 

7 

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 7 of 9
V. JURY DEMAND

14. Plaintiff(s) hereby demand(s) a trial by jury as to all claims in this action.

Pursuant to PTO 13, if this is an amended Short Form Complaint, specify all 

changes made to the prior version of the Short Form Complaint, with citations 

to the paragraphs that have been changed: 

8 

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 8 of 9
VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff(s) has/have been damaged as a result of Defendants' actions or 

inactions and demand(s) judgment against Defendants on each of the above-referenced causes of 

action, jointly and severally to the full extent available in law or equity, as requested in the 

Attorney 1 Prin : De 1s F. O'Brien 

Attorney 2 Signature: __________ _

Attorney 2 Print: ___________ _

Firm: Dennis F. O'Brien PA 

Address 1: 2014 S Tollgate Road, Suite 209, false, Su 

Address 2: -------------- Suite 209 

City: BEL AIR 

State: ----------- MD 

Zip: 21015 

Email: OBIE26@AOL.COM

Phone: 410-420-7411 

9 

Attorney 1 Signature: __________ _ 

Attorney 1 Print: ___________ _

Attorney 2 Signature: __________ _

Attorney 2 Print: ___________ _

Firm: ----------------

Address 1: --------------

Address 2: _____________ _ 

City: ___________ _ 

State: __________ _

Zip: ____ _

Email: OBIE26@AOL.COM

Phone: ---------

Case 9:22-cv-81338-RLR Document 1 Entered on FLSD Docket 08/31/2022 Page 9 of 9